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


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

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Ell
Ell
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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??
Was
Was
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Ell - 22 Sep 20 8:42 AM
Hi allI’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??

I think the facts as presented may have a few errors. They are easy to make so this is not a criticism, but it's important to get these things correct.

Arrested on NYE 2015, but sentenced for it the previous May? A twelve week (83 days) sentence would have been spent 2 years after release not 4 years. For it to be 4 years the sentence would have had to be over 6 months. Sounds like either the 4 year figure you were told of was wrong or the actual sentence was longer. Was there was an early release on licence, maybe under Home Detention Curfew? Were there multiple sentences (e.g. an actual sentence to prison plus a concurrent but longer suspended sentence for an associated charge?)

However, I think all I've done is convince myself that you should seek professional advice from a lawyer specialising in immigration issues.
Ell
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Hello
Thank you for your response.
Apologies I got mixed up with some dates! The sentence was indeed in 2016. The “victim” which was he’s housemate at that time wasn’t going to sue them (my partner and he’s friend), he went to the police, the case was opened, then he was about to cancel accusations, as they agreed some terms at home, but then, out of nowhere, he changed his mind and the case ended up in the court.
So, he went to prison on 06.05.2016, the sentence was 98 day, conditionally released on 23.06.2016, sentence expiry date 11.08.2016.
Then after being released he was under supervision until 11.08.2016 and then post sentence supervision until 23.06.2017 .
On the paperwork that we’ve got says that it becomes spent length of sentence plus 2 years, but he’s been told at the court that he will be shown in warning index for 4 years, which makes sense as this doesn’t show anywhere else than UK’s border.

This where our confusion starts, as in the law the conviction is spent which means that he shouldn’t even declare it but then tho HO guide says that you need 5 years to qualify?
Was
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Ell - 22 Sep 20 11:15 AM
Hello
Thank you for your response.
Apologies I got mixed up with some dates! The sentence was indeed in 2016. The “victim” which was he’s housemate at that time wasn’t going to sue them (my partner and he’s friend), he went to the police, the case was opened, then he was about to cancel accusations, as they agreed some terms at home, but then, out of nowhere, he changed his mind and the case ended up in the court.
So, he went to prison on 06.05.2016, the sentence was 98 day, conditionally released on 23.06.2016, sentence expiry date 11.08.2016.
Then after being released he was under supervision until 11.08.2016 and then post sentence supervision until 23.06.2017 .
On the paperwork that we’ve got says that it becomes spent length of sentence plus 2 years, but he’s been told at the court that he will be shown in warning index for 4 years, which makes sense as this doesn’t show anywhere else than UK’s border.

This where our confusion starts, as in the law the conviction is spent which means that he shouldn’t even declare it but then tho HO guide says that you need 5 years to qualify?

Should have known there will be something on this site!

https://hub.unlock.org.uk/knowledgebase/applying-for-leave-to-remain-in-the-uk/

As it notes, there are strict regulations on who can give immigration advice so please follow the link on that page. Unlock can't and you certainly shouldn't take advice from strangers like me! This is more a support forum than advice. If you are unsure, start with Citizens' Advice.

Immigration is exempt from the Rehabilitation of Offenders Act so you have to declare it even if it is spent.

If the HO is saying 5 years then that seems to be a good thing. It looks like it is normally 10 years for under 12 months. I guess there could be a 5 year period for under 6 months, but I really don't know.

Best of luck.



AB2014
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Was - 22 Sep 20 2:18 PM
Ell - 22 Sep 20 11:15 AM
Hello
Thank you for your response.
Apologies I got mixed up with some dates! The sentence was indeed in 2016. The “victim” which was he’s housemate at that time wasn’t going to sue them (my partner and he’s friend), he went to the police, the case was opened, then he was about to cancel accusations, as they agreed some terms at home, but then, out of nowhere, he changed his mind and the case ended up in the court.
So, he went to prison on 06.05.2016, the sentence was 98 day, conditionally released on 23.06.2016, sentence expiry date 11.08.2016.
Then after being released he was under supervision until 11.08.2016 and then post sentence supervision until 23.06.2017 .
On the paperwork that we’ve got says that it becomes spent length of sentence plus 2 years, but he’s been told at the court that he will be shown in warning index for 4 years, which makes sense as this doesn’t show anywhere else than UK’s border.

This where our confusion starts, as in the law the conviction is spent which means that he shouldn’t even declare it but then tho HO guide says that you need 5 years to qualify?

Should have known there will be something on this site!

https://hub.unlock.org.uk/knowledgebase/applying-for-leave-to-remain-in-the-uk/

As it notes, there are strict regulations on who can give immigration advice so please follow the link on that page. Unlock can't and you certainly shouldn't take advice from strangers like me! This is more a support forum than advice. If you are unsure, start with Citizens' Advice.

Immigration is exempt from the Rehabilitation of Offenders Act so you have to declare it even if it is spent.

If the HO is saying 5 years then that seems to be a good thing. It looks like it is normally 10 years for under 12 months. I guess there could be a 5 year period for under 6 months, but I really don't know.

Best of luck.



You are right that it has to be declared, as they check the PNC, which means spent/unspent is totally irrelevant. Another point to remember is that the 5 years qualifying period starts again from the day he was released from prison.

=========================================================

As Chris Stacey said: Although its not formally part of the sentence that is handed down in court, the criminal record that someone comes away with effectively becomes a second sentence, which can have a long-lasting, if not lifelong, impact.

Ell
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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.
Also this wasn’t a “superving event” which means that his not loosing the years that he lived here before the sentence.
I did ask a solicitor in the meantime and got the below response (it was just a free query for now so we now where we stand at)

“ Thanks for contacting us in relation to your enquiry. In the given circumstances, the chances of grant are more than the chances of refusal. However, to enhance the chances of success in the matter, the applicant should consider making all the relevant legal and factual representations in support of the settled status application and draw the attention of the caseworker to the mitigating factors.”

We are also waiting for a response from a different, legal forum, and we’ll where it will take us.

Thank you both for your replies, let’s just hope for the best!
Was
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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. 

AB2014
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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.

=========================================================

As Chris Stacey said: Although its not formally part of the sentence that is handed down in court, the criminal record that someone comes away with effectively becomes a second sentence, which can have a long-lasting, if not lifelong, impact.

GO


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