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NEW rehabilitation period FOR OFFENDERS.

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Simi UK
Junior Member
Posts: 92
Joined: Tue Jan 24, 2012 8:34 pm
Location: UK

laspo roa changes

Post by Simi UK » Sun Nov 25, 2012 8:06 pm

Guys, can someone please update any info on this ? When are laspo ROA changes expected from the govt.? i can't find anything on the internet except that for youngsters law will be implemented in the first week of dec 2012.

many thanks in advance.

Obie
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Posts: 14148
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Nov 28, 2012 6:13 pm

Well it is expected sometimes in 2013. But so far so good the immigration rules will be changing soon. In December 2012 the immigration will implement these changes.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

songo
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Posts: 7
Joined: Sat Oct 27, 2012 11:14 am

Post by songo » Sat Dec 15, 2012 8:45 am

[quote="Obie"]Well it is expected sometimes in 2013. But so far so good the immigration rules will be changing soon. In December 2012 the immigration will implement these changes.[/quote]

The rules have recently changed for ILR on the subject of rehabilitation periods, can somebody explain?

Are the new rules only applicable for ILR? what about BC

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Sat Dec 15, 2012 6:59 pm

In regards to naturalisation, i believe their is no legislative change. Guidance will have to be issued as to what is classified as Good Character, as and when the new legislation comes into effect.

It is highly unlikely that people with spent conviction will be barred from naturalisation.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

songo
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Posts: 7
Joined: Sat Oct 27, 2012 11:14 am

Post by songo » Sun Dec 16, 2012 2:05 pm

[quote="Obie"]In regards to naturalisation, i believe their is no legislative change. Guidance will have to be issued as to what is classified as Good Character, as and when the new legislation comes into effect.

It is highly unlikely that people with spent conviction will be barred from naturalisation.[/quote]

Guide AN was updated by UKBA in December 2012 and the new threshold criteria that replaces the rehabilitation period for naturalisation are as follows:

Sentence

1. 4 years or more imprisonment

Application should be refused, regardless of
when the conviction occurred.

2. Between 12 months and 4 years
imprisonment
Application should be refused unless 15 years
have passed since the end of the sentence.

3. Up to 12 months imprisonment
Application should be refused unless 7 years
have passed since the end of the sentence.
4. A non-custodial offence
Impact on Nationality applications

Applications should be refused if the conviction
occurred in the last 3 years.

makkan00
Member
Posts: 108
Joined: Sat Jan 23, 2010 1:37 pm

Post by makkan00 » Sun Dec 16, 2012 4:05 pm

songo wrote: 4. A non-custodial offence
Impact on Nationality applications

Applications should be refused if the conviction
occurred in the last 3 years.
My friend has been convicted of careless driving (changed lane and caused accident), 5 points and £400 fine this year.

His PR is due in 2013 and I do not think that PR will be affected.

However according to bullet 4, he cannot apply for naturalisation till the end of 2015. Is that true?

VR
Senior Member
Posts: 688
Joined: Fri Jun 07, 2013 8:34 am

Laspo Act 2012 Sec 139

Post by VR » Fri Aug 09, 2013 12:55 pm

Chaps,

The latest position is the Altered Rehabilitation Periods as per the Laspo Act 2012 have not come into force. For Immigration purposes it does not matter anyway as they have quietly enacted Sec 140 which clearly says ROA 1974 shall not apply for certain immigration decisions.

The news is that Nov-13 is a likely date but looks unlikely due to the work needed on changing systems to match the changes announced. Adding to the confusion is the amendments apply only to England and Wales and not Scotland and the CRB now DB service is located in Scotland.

So while the politicians have lost interest in a minority who make no sense to their votebanks, the public sector administrators are at their efficient best in procrastinating and prolonging the agony of this unfortunate minority. Jobs and livelihoods are at stake..


Tha Border Agency have have clubbed all non-custodial sentences into one bracket and come up with their own guidance.

For some people with cautions (which were immediately spent) they have a right to be aggrieved.

The biggest gainers from this was people with Suspended Sentences. The ROA 1974 was ambiguous and a suspended sentence was treated like an actual sentence of imprisonment for the purpose of rehabilitation.

The Home office has intrepreted suspended sentences correctly and deemed that unless any portion of it got activated , then it should be treated as a non-custodial sentence for the purpose of Naturalisation.

Even then there is Net loss of 6 months for people with suspended sentences of Less than 6 months imprisonment which gets spent in 2 and a half years from the end of the sentence should LASPO Amendment commence and was the basis for decisions.

Overall the situation is not ideal but something is better than nothing.

Using traffic tickets to delay people from getting naturalisation is not right. Simple logic is that will a British citizen's benefits be stopped for the same threshold if he committed a traffic violation?? Or will he be stripped of his citizenship until a clear period was crossed? I think not. All these government agenecies and rules help in raking in the moolah at the expense of migrants and a few underdogs at best. Also helps the proliferation of jobsworths whose livelihoods depend on throwing the book at others. In time a more rational thinking will emerge hopefully.
Cheers

yankeebrit
Newbie
Posts: 31
Joined: Fri Sep 21, 2012 3:55 pm

Post by yankeebrit » Wed Aug 14, 2013 4:11 pm

So are you saying that the Rehabilitation of Offenders Act 1974 still applies for immigration purposes or not?

As far as I can tell from reading the rules, all immigration decisions will now be based on UKBA defined criminality thresholds based on the LASPO bill. So the Rehabilitation of Offenders Act 1974 doesn't really come into it anymore for immigration applications....

Am I not correct?

greenvilla
Newbie
Posts: 48
Joined: Mon Oct 28, 2013 11:59 am

Re: NEW rehabilitation period FOR OFFENDERS.

Post by greenvilla » Thu Feb 13, 2014 9:58 pm

Press release 13/02/2014
Reforms to help reduce re-offending come into force
Organisation:
Ministry of Justice
These reforms, which will come into affect on Monday 10 March 2014, will also change the way some rehabilitation periods are set so that they are fairer and reflect better the seriousness of the sentences imposed.

Cheers

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: NEW rehabilitation period FOR OFFENDERS.

Post by noajthan » Sat Oct 01, 2016 11:32 pm

Note: repeated, scattered padding posts typically to gain PM rights will lead to PM access being withdrawn.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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