Holding an Indefinite Leave to Remain means you are settled in the UK, you can freely live and work and there are no restrictions on your studies. To obtain the ILR, you must meet specific conditions required set by the Home Office.

First, the applicant should have stayed in the UK for an eligible period of time depending on the current visa status. In the case of staying abroad, you have to provide evidence of the reason for your absence. Immigration-related matters such as illegal stay can also lead to refusal of the ILR.

The most important amongst the conditions for the ILR is to show "good character." This means that you have to prove that you have always respected the British law and have not been involved in any crimes.

The Home Office judges all ILR applications based on the General Grounds for refusal. If you are found guilty of a penalty offence, including traffic violation, there will be no further assessments and you application will be refused automatically.

 

What is criminal conviction for ILR?

General Grounds of refusal states that the application of ILR cannot be accepted if the applicants:

• Have been convicted of an offence for which you have been sentenced to imprisonment for at least 4 years;

• Have been convicted of an offence in the last 15 years for which you have been imprisoned for at least 12 months but less than 4 years;

• Have been convicted of an offence in the last 7 years for which you have been jailed for less than 12 months;

• Have been received court disposal that is recorded in your criminal record within 24 months before the date of your ILR application.

Driving Offences may affect ILR

One of the most common infractions in the fixed penalty offences list is traffic violation. Although it is not an immigration offence, it may affect your status if you wish to apply for the ILR. The following are only some of the traffic offences that could affect your ILR eligibility:

• Careless driving;

• Failing to comply with traffic light signals;

• Exceeding speed limit on a motorway;

• Exceeding speed limit for the type of vehicle you are driving;

• Using a vehicle uninsured against third party risks;

• Using a vehicle with defective tyres or brakes;

• Failing to stop after an accident.

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If you have been driving on your foreign driver's license whilst you were residing in the UK for less than 12 months, you need to be more careful. If you are stopped by the police whilst driving with a foreign driver’s license, the police officer cannot apply points on your licence directly and as a result, traffic violation is recorded as an offence and your application for ILR may be refused.

Where ILR is refused due to misconduct or dishonest behaviour

Immigration law is not limited to situations where the applicant has committed a criminal offence. ILR may be refused due to the nature, behaviour, or connection of the applicant, or if it poses a threat to national security, not limited to a criminal offence. Violations are considered criminals if they have caused serious harm or if they continue to show special disregard for the law.

In recent years, the Home Office has used this provision to refuse people for tax discrepancies; that is, the applicant declared a different level of income to the Home Office for immigration purposes than to HM Revenue and Customs for tax purposes.

There are many reasons why ILR can be refused. If you are found guilty of an immigration offence, serious traffic violations, or dishonest behaviour that may harm the country, your application will be refused based on the General Grounds for refusal.