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NEW rehabilitation period FOR OFFENDERS.

General UK immigration & work permits; don't post job search or family related topics!

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jaberdene
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NEW rehabilitation period FOR OFFENDERS.

Post by jaberdene » Thu Aug 16, 2012 8:06 am

rehabilitation period for offenders may have been changed.
click below to see the amendments: (look at the table)
http://www.legislation.gov.uk/ukpga/201 ... 39/enacted

a lot of people nowadays are worryng about traffic offence fine. IF it is treated as criminal conviction then rehabilitation period WAS 5 years. New amendment says it is now 1 year.

click below to see the old rehabilitation period in the original ACT which is not updated yet.(Look at the Table A)
http://www.legislation.gov.uk/ukpga/1974/53/section/5

saraq
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Post by saraq » Thu Aug 16, 2012 10:53 am

what i know is it will come into force from april 2013

gaurav76.5
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Post by gaurav76.5 » Thu Aug 16, 2012 11:03 am

not sure if this has been made law yet????

http://services.parliament.uk/bills/201 ... enthl.html

Pqek
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Post by Pqek » Thu Aug 16, 2012 11:12 am

gaurav76.5 wrote:not sure if this has been made law yet????

http://services.parliament.uk/bills/201 ... enthl.html
That's the wrong bill gaurav. Changes on ROA have been effected on Laspo bill which got royal assent in May 2012. It will only apply from May 2013 onwards

http://services.parliament.uk/bills/201 ... nders.html

gaurav76.5
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Post by gaurav76.5 » Thu Aug 16, 2012 11:37 am

Does it mean if you have been convicted for an offence in Aug 2012...your Rehabiltation Period ends in 1 year...

Only asking because I have been fined by Court this month for fare evasion and my ILR is due in May 2014....

Bash1oo
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Post by Bash1oo » Thu Aug 16, 2012 11:46 am

I am not sure about this but looks like I read somewhere that immigration related cases will be excluded from the new rehab changes.
Any takers from the professionals arounds?

Bash

gaurav76.5
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Post by gaurav76.5 » Thu Aug 16, 2012 11:56 am

ohhh nooo...thats not fair....the law is for everyone it should not be different for different people...

anyone who can clarify please...

Bash1oo
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Post by Bash1oo » Thu Aug 16, 2012 12:23 pm

Check this our: http://www.legislation.gov.uk/ukpga/201 ... /8/enacted
Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading before that section) insert—
“56ANo rehabilitation for certain immigration or nationality purposes(1)Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) do not apply—
(a)in relation to any proceedings in respect of a relevant immigration decision or a relevant nationality decision, or
(b)otherwise for the purposes of, or in connection with, any such decision.
Not sure how this will apply to ILR/Citizenship

Bash

gaurav76.5
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Post by gaurav76.5 » Thu Aug 16, 2012 12:46 pm

see page 23 onwards

http://www.justice.gov.uk/downloads/leg ... ct-eia.pdf

looks like you are at mercy of UKBA where they will decide whether they can grant leave or not....again another act of EXORTION OF MONEY FROM IMMIGRANTS...

but one good thing is they are stressing upon repeat offenders...

Pqek
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Post by Pqek » Thu Aug 16, 2012 3:11 pm

I think the changes on ROA 1974 are definitely something in the right direction; However, we just have to wait until proper guidelines from the home office come. before that, it's just speculation from the members of this board.

gaurav76.5
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Post by gaurav76.5 » Thu Aug 16, 2012 3:25 pm

any idea when these guidelines be issued...

Pqek
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Post by Pqek » Thu Aug 16, 2012 3:32 pm

gaurav76.5 wrote:any idea when these guidelines be issued...
They should come around April 2013 before the act comes to force.

ssidd
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Post by ssidd » Thu Aug 16, 2012 11:28 pm

It is act of parliament and implemented from 1st may 2012 apart from section 2.
Random life is difficult but systematic is much easier!!
SIDD

jaberdene
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Post by jaberdene » Fri Aug 17, 2012 5:49 am

ssidd wrote:It is act of parliament and implemented from 1st may 2012 apart from section 2.
http://www.legislation.gov.uk/ukpga/201 ... 51/enacted

read this one as well

gaurav76.5
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Post by gaurav76.5 » Fri Aug 17, 2012 8:45 am

I have sent the query to UKBA under Freedom To Information Act...Awaiting their reply..as soon as I hear anything will post it here...

asim72
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Post by asim72 » Fri Aug 17, 2012 11:22 am

There was not much point in sending a foi request at this point, as UKBA themselves do not know clearly what the position will be in future. You do not need to worry too much as there are thousands of people, and big gun legal experts already on the case.

Section 139 of laspo amends the rehabilitation periods.

Section 140 of laspo excludes immigration and nationality decisions from rehabilitaion periods.

Section 141 of laspo gives transitional arrangements.

Please note, none of the sections of the act have yet been "commenced", so nothing in the new act has any effect yet. Government has said that they will "commence" the act some point in 2013.

So, once section 139 and 140 are "commenced" by the government, then UKBA will have the right to ask for disclosure of convictions no matter when they took place.

Does it mean UKBA will refuse every applicant because they have a conviction? The answer is NO.

The act simply gives power to UKBA to set their own critieria as to when they will overlook a certain conviction. This criteria could be easier than the section 139 periods or could be difficult. Once government is about to "commence" section 140, UKBA will come up with their guidance dealing with convictions.

Just purely for example sake, UKBA could come up with something like:

Fines: Upto £ 100 disregarded after 2 years. More than £100 and upto 250 disregarded after 5 years.

SP30 conviction: Disregarded after 2 years.
IN10 conviction: Disregarded after 6 years.
DR10 conviction: Disregarded after 10 years.

etc etc


I have just purely given examples, just to explain that UKBA will be free to set their own critieria, without being bound by the rehabilitation periods set out in section 139.

So, guys, there wont be any new secret information that someone could provide, until government announces a date to "commence" section 139, 140 & 141, and also UKBA publishes their guidance to deal with the applications affected by the laspo act.

gaurav76.5
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Post by gaurav76.5 » Fri Aug 17, 2012 12:14 pm

I agree but just wanted to understand what they want to say.....

asim72
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Post by asim72 » Fri Aug 17, 2012 12:39 pm

There can be no magic answers as such. What you have asked is already in public domain because of foi requests already made. They will just give a standard reply.

In theory, government may not "commence" section 139,140 & 141 next year. They might do it in 2014, or in 2015 or may not do it for next ten years.

They might commence only section 139, or only section 140 or commence both together. They might do it whenever they want to, or not at all.

Every thing will be up in the air, until government does commence the relevant sections of the act. Up till that point, there cannot be an answer.

Nothing has changed, and nothing will change and no one know how exactly it will change, if at all it does change, until that magic "commence" happens.

asim72
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Post by asim72 » Fri Aug 17, 2012 12:50 pm

In theory, government might commence section 139 and not section 140.

This will be immigrants' christmas. UKBA might advice government not to commence section 140, in case it brings more administrative burden on them.

Any guidance to deal with section 140 will have to be drafted under immigration rules, otherwise there will be endless litigation.

Simi UK
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Post by Simi UK » Fri Aug 24, 2012 6:27 pm

Guys, can someone please update any info on this ? When is laspo ROA changes expected from the govt., will UkBA also announce their changes regarding this at the same time ?
I hope many senior people/ lawyers have better understanding of this whole change.

Thanks you so much for your time and help in advance.

Simi UK
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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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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.
Smooth seas do not make skilful sailors

songo
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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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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.
Smooth seas do not make skilful sailors

songo
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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.

Locked
cron