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New Immigration Rules

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.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

ssidd
Member
Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

New Immigration Rules

Post by ssidd » Tue Dec 11, 2012 10:05 am

Hi Friends,
Any update about the changes which UKBA suppose to implement from 13th december?

Please share it here.


Regards
Sidd
Random life is difficult but systematic is much easier!!
SIDD

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Post by uksettlement » Tue Dec 11, 2012 11:04 am

Today is only 11th dec!
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

ukswus
Senior Member
Posts: 680
Joined: Fri Nov 27, 2009 4:34 pm

Post by ukswus » Tue Dec 11, 2012 11:49 am

uksettlement wrote:Today is only 11th dec!
It is, but I find it a bit strange that they did not post any updated forms for ILR applications. What about people who have scheduled to submit their application on the 13 December? Are they supposed to wait until 13 December, before they can complete the new form, and prepare any supporting documents (if any new ones are required?)

saayinla
Member
Posts: 117
Joined: Sat Aug 18, 2007 11:34 am

Post by saayinla » Tue Dec 11, 2012 12:05 pm

ukswus wrote:
uksettlement wrote:Today is only 11th dec!
It is, but I find it a bit strange that they did not post any updated forms for ILR applications. What about people who have scheduled to submit their application on the 13 December? Are they supposed to wait until 13 December, before they can complete the new form, and prepare any supporting documents (if any new ones are required?)

Maybe, the new changes will be announced in details on the 13th but will take effect at a later date.

ukswus
Senior Member
Posts: 680
Joined: Fri Nov 27, 2009 4:34 pm

Post by ukswus » Tue Dec 11, 2012 12:12 pm

saayinla wrote:
ukswus wrote:
uksettlement wrote:Today is only 11th dec!
It is, but I find it a bit strange that they did not post any updated forms for ILR applications. What about people who have scheduled to submit their application on the 13 December? Are they supposed to wait until 13 December, before they can complete the new form, and prepare any supporting documents (if any new ones are required?)

Maybe, the new changes will be announced in details on the 13th but will take effect at a later date.
No, they quite clearly say they will be implemented from 13 December:

"All changes other than the exceptions set out below take effect on 13 December 2012."

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

There are only a few exceptions mentioned.

InUkOnHsmp
Senior Member
Posts: 738
Joined: Mon Feb 18, 2008 2:36 pm

Post by InUkOnHsmp » Tue Dec 11, 2012 12:40 pm

hi ukswus,

You have a point.

I am applying on the 13th, and I have no option but to check their site time and again for the updated form and guidance.

If it comes through on 12th night, I am not sure how I will get everything right for my appointment on the 13th.

Some mess eh?
Challenges make life worth it!

ukswus
Senior Member
Posts: 680
Joined: Fri Nov 27, 2009 4:34 pm

Post by ukswus » Tue Dec 11, 2012 1:01 pm

InUkOnHsmp wrote:hi ukswus,

You have a point.

I am applying on the 13th, and I have no option but to check their site time and again for the updated form and guidance.

If it comes through on 12th night, I am not sure how I will get everything right for my appointment on the 13th.

Some mess eh?
I very much sympathize with you.

Another strange thing is that they updated Tier 1 guidance (there are also some updates, although minor ones) mid last week:

http://www.ukba.homeoffice.gov.uk/visas ... /applying/

And with ILR application, they act as if nothing has changed.

ssidd
Member
Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

Today is 13th december...Any updates about changes??

Post by ssidd » Thu Dec 13, 2012 8:53 am

Hi Guys,
Did any body find any guideline on UKBA website?


Regards
Sidd
Random life is difficult but systematic is much easier!!
SIDD

ryan2020
- thin ice -
Posts: 428
Joined: Mon Jul 16, 2012 1:13 pm
Location: England

Re: Today is 13th december...Any updates about changes??

Post by ryan2020 » Thu Dec 13, 2012 8:57 am

ssidd wrote:Hi Guys,
Did any body find any guideline on UKBA website?


Regards
Sidd
no we all are waiting. i was checking from 12:30 am from last night... nothing updated.....

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Post by cs95tdg » Thu Dec 13, 2012 9:53 am

Only new item I noticed to be published yesterday was the Statement of Changes... http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

skumar45
Junior Member
Posts: 70
Joined: Mon Oct 29, 2012 8:36 pm

Post by skumar45 » Thu Dec 13, 2012 10:09 am

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/


All the new rules are updated.
For ex until yesterday, 245HF. Requirements for indefinite leave to remain
had
(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

NOW it's DELETED

So all new rules are in there now.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Post by cs95tdg » Thu Dec 13, 2012 10:24 am

Thanks for publishing this. Note that new SET(O) guidance has also been published now (version 12/2012). I don't however see a new SET(O) application form.

http://www.ukba.homeoffice.gov.uk/visas ... ormset(o)/

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

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

Post by Simi UK » Thu Dec 13, 2012 10:28 am

cs95tdg wrote:Thanks for publishing this. Note that new SET(O) guidance has also been published now (version 12/2012). I don't however see a new SET(O) application form.

http://www.ukba.homeoffice.gov.uk/visas ... ormset(o)/

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

What I understand from the new ILR requirements is that now if someone has a Criminal Conviction can apply for an ILR and will get successful. :)

So there is no unspent conviction clause in there, just a question so do we have to declare it on the form or not!!

ssidd
Member
Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

criminality threshold

Post by ssidd » Thu Dec 13, 2012 10:29 am

what does it mean? It means there is no 24 months criteria for conviction??
Random life is difficult but systematic is much easier!!
SIDD

skumar45
Junior Member
Posts: 70
Joined: Mon Oct 29, 2012 8:36 pm

Post by skumar45 » Thu Dec 13, 2012 10:31 am

I have an issue with Specified Documents from 13-Dec-2012 as per new rules

Please can someone suggest some good way out of this situation ?

skumar45
Junior Member
Posts: 70
Joined: Mon Oct 29, 2012 8:36 pm

Post by skumar45 » Thu Dec 13, 2012 10:37 am

Last edited by skumar45 on Thu Dec 13, 2012 10:49 am, edited 1 time in total.

skumar45
Junior Member
Posts: 70
Joined: Mon Oct 29, 2012 8:36 pm

Post by skumar45 » Thu Dec 13, 2012 10:42 am


ssidd
Member
Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

criminality threshold

Post by ssidd » Thu Dec 13, 2012 10:48 am

Did anybody find any clause regarding criminal conviction?
Random life is difficult but systematic is much easier!!
SIDD

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

Re: criminality threshold

Post by Simi UK » Thu Dec 13, 2012 11:03 am

ssidd wrote:Did anybody find any clause regarding criminal conviction?
For ILR I found this....
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant. (read the general grounds of refusal below)


Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(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.

I hope this is useful

ssidd
Member
Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

criminality threshold

Post by ssidd » Thu Dec 13, 2012 11:08 am

My understanding is FINE is a non custodial sentence...It means for fine one have to wait 24 months....am i right?
Random life is difficult but systematic is much easier!!
SIDD

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