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New criminality threshold

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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geriatrix
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New criminality threshold

Post by geriatrix » Mon Nov 26, 2012 2:43 am

On 13-Dec-12, the following requirement:
he does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders act 1974
will be removed from the requirements for indefinite leave to remain in the relevant parts and paragraphs of the immigration rules.

It will be replaced by a new requirement (if not already stated within the relevant paragraphs already):
does not fall for refusal under the general grounds for refusal.
As a result, general grounds of refusal (Part 9 of the immigration rules) will be amended to include the following changes with regards to criminality threshold in context of ILR applications:
322 wrote:(1C) where the person is seeking indefinite leave to enter or remain:

(i)they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”
FYI - With reference to (iv) in quotes above, FPNs / court issued FPNs are not recorded on a person's "criminal record". In simple words, a person cannot have a "criminal record" because of FPNs / court issued FPNs.

Summoned by court for motoring offence? - Food for thought
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