theForum

Applying for the settlement status with what seems to be a spent conviction


https://forum.unlock.org.uk/Topic28953.aspx

By Ell - 22 Sep 20 8:42 AM

Hi all
I’m not sure if I can post something like this on here, if not, then please delete!
I was just wondering if any of you do have any stories about getting a settlement status?
My parent had applied about 5 weeks ago with what seems to be a spent conviction.
On New Year’s Eve 2015/16 he was in a fight in his household with his mates which ended up with imprisonment.
He was sentenced in may 2015 for 83 days but actually been there for 7 weeks.
Then obviously he had a supervisor for couple of months and then another year, what states on the paper is that he’s conviction will become spent after 4 years which means that’s all clear by now.
He was obviously being stopped at the airport every time he was coming from holidays as he’s passport was flagging up on English border.
The home office said (at that time) that there is no need for deportation unless he will convict again - which never happened, as he’s not a serial offender - it was a druken fight between housemates, so it hasn’t even got anything to do with a public security.
As we went through the guidance for HO workes we got confused as it states that you’ll need 5 years continues living in the uk after being released from the prison to qualify.
We were just wondering if any of you know anyone or maybe had their own stories about the SS stories and could put some light on it? It really is difficult to find the actual stories, which kind of makes us think that maybe it really is okay??
By AB2014 - 28 Sep 20 11:58 AM

Was - 24 Sep 20 8:01 PM
Ell - 24 Sep 20 5:47 PM
This is what what gets us confused, as the spent convictions shouldn’t be taken into account, but then you need 5 years after being released.

This is what I was trying to put across. Immigration is exempt from the Rehabilitation of Offenders Act. There is no such definition of "spent" in that context. It has its own rules and they are allowed to use any information that they want to including "spent" convictions although it has to be proportionate. The Home Office will have access to the Police National Computer, so don't try to hide anything.

On the face of the facts you have presented I would agree with the solicitor that your chances are better than 50% but please take real legal advice from an accredited immigration advisor, not follow comments from the internet, including here. Prior to my "difficulties" I did help support people with immigration issues. I never gave them direct advice.

You can also contact your local MP for issues with the Home Office. 

This is a very good post from Was. Don't feel you have to do all this yourself. There is advice available from properly licensed professionals, and your MP may be a very good person to have on your side if you need him/her.