# uk settlement visa



## bighomeyjay (Jan 26, 2011)

i was granted a uk student visa in 2004 but was removed from the uk in 2010 after my visa got expired in aug 2009. i have met all the required conditions for a settlement visa ( bank statements from sponsor, accomodation, marriage certificate, letter from sponsor's employee, pictures before and after marriage, sponsors pay slips, letter from friends and family from both my family and sponsors family, end of year tax report from sponsor. etc) but while in the uk i had motoring offences and was sentenced for 4 weeks> i applied previously but was denied because i misunderstood some information i was meant to include, i want to apply again and adddress the reasons for refusal. my solicitor said there shouldnt be any prejudice against me as i have served my 4 week sentence and i have all the required documents and have met all the criteria for a settlement visa ARE THERE ANY ADVICE???


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## Joppa (Sep 7, 2009)

bighomeyjay said:


> i was granted a uk student visa in 2004 but was removed from the uk in 2010 after my visa got expired in aug 2009. i have met all the required conditions for a settlement visa ( bank statements from sponsor, accomodation, marriage certificate, letter from sponsor's employee, pictures before and after marriage, sponsors pay slips, letter from friends and family from both my family and sponsors family, end of year tax report from sponsor. etc) but while in the uk i had motoring offences and was sentenced for 4 weeks> i applied previously but was denied because i misunderstood some information i was meant to include, i want to apply again and adddress the reasons for refusal. my solicitor said there shouldnt be any prejudice against me as i have served my 4 week sentence and i have all the required documents and have met all the criteria for a settlement visa ARE THERE ANY ADVICE???


Your previous immigration history will be taken into account when you apply for another visa. Unless your imprisonment is considered as spent under the Rehabilitation of Offenders Act, you won't pass 'good character' test and won't get your visa. For a prison sentence less than 6 months, your conviction won't become spent until 7 years after the date of conviction (not when the offence occured). If you were under 18 when convicted, it becomes spent after three and a half years.


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## bighomeyjay (Jan 26, 2011)

Joppa said:


> Your previous immigration history will be taken into account when you apply for another visa. Unless your imprisonment is considered as spent under the Rehabilitation of Offenders Act, you won't pass 'good character' test and won't get your visa. For a prison sentence less than 6 months, your conviction won't become spent until 7 years after the date of conviction (not when the offence occured). If you were under 18 when convicted, it becomes spent after three and a half years.



Thanks for the information. is it certain that i wont get my visa if my conviction has been unspent? what is the best way to go about getting my visa? because my convictions has not been spent.


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## Joppa (Sep 7, 2009)

bighomeyjay said:


> Thanks for the information. is it certain that i wont get my visa if my conviction has been unspent? what is the best way to go about getting my visa? because my convictions has not been spent.


Then you just have to wait until 7 years is past before you apply, and you don't even have to declare your conviction. Don't try to deceive the Home Office, as they routinely check police record about your convictions. Your immigration offences will still have to be disclosed. This will be a more difficult problem for you, as removal from UK at any time in the last 10 years is a strong reason for refusal to issue a visa, unless there are strong compassionate grounds.


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## ladyliberty (Oct 6, 2010)

bighomeyjay said:


> Thanks for the information. is it certain that i wont get my visa if my conviction has been unspent? what is the best way to go about getting my visa? because my convictions has not been spent.


No, it is not an absolute certainty that your application will be refused. 

The official UKBA guidance reads: _Paragraph 320(18) of the Rules states that an application should normally be refused if that person has been convicted of an offence in any country, which could have attracted a term of imprisonment of 12 months or more if the offence had been committed in the UK. ECOs should not refuse under 320(18) if the conviction is considered “spent” under the Rehabilitation of Offenders Act. Paragraph 320(18) will not apply where an applicant has been cautioned. When determining if a refusal under 320(18) is appropriate, the ECO must also take into account any human rights grounds and ensure that the refusal is both proportionate and reasonable._


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## bighomeyjay (Jan 26, 2011)

thanks.


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## bighomeyjay (Jan 26, 2011)

is an ielts score of 7.0 overall good enough for a settlement visa application?


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