theForum

Opinion on settled status with criminal conviction


https://forum.unlock.org.uk/Topic26346.aspx

By Freeflow - 21 Aug 19 8:49 AM

Hi
In 2012 i was convicted on 4 counts of abh, served 3 years in prison, they tried to deport me, but I won my appeal. I have been in this country since 1982 married to a British citizen and got one son in this country. Because I won my appeal and the judge said that the home office should have not tried to deport me, because i have been too long in this country and my sentence and crime did not warrant deportation on the grounds they claimed. My question is, because i won my appeal over 5 years ago and the home office accepted the appeal, can they still refuse settled status and what is the likely hood they refuse settled status?
By AB2014 - 22 Aug 19 8:52 AM

Miguel - 21 Aug 19 9:17 AM
Freeflow - 21 Aug 19 8:49 AM
Hi
In 2012 i was convicted on 4 counts of abh, served 3 years in prison, they tried to deport me, but I won my appeal. I have been in this country since 1982 married to a British citizen and got one son in this country. Because I won my appeal and the judge said that the home office should have not tried to deport me, because i have been too long in this country and my sentence and crime did not warrant deportation on the grounds they claimed. My question is, because i won my appeal over 5 years ago and the home office accepted the appeal, can they still refuse settled status and what is the likely hood they refuse settled status?

I don't think there is one reason why the HO should refuse granting you SS, but the proof is in the pudding. Just apply. You have nothing to lose. And take it from there. Keep us posted.

All they really have to say about this is you need to have been out of prison for five years before they will consider your application. I'm assuming that means they won't accept your application until 2020, even though you previously had thirty years without trouble. The problem here may be that the new Home Secretary seems to be less unreasonable than the last one when it comes to criminal records, which may affect how they deal with applications from people still in that five-year buffer period. Sad