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In Prison..

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

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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

In Prison..

Post by Wanderer » Tue Oct 02, 2007 11:52 am

Not me!! Not yet anyway, but I bet it made regulars here look...!

There was some immigration talk on the radio this morning and a question occured to me, what is the status of immigrants in prison, assuming no extradition issues etc?

Can their time in pokey count toward say 14 year stay? Or even 10 year legal?

I can't see it, I'd assume their criminal record would preclude any sort of ILR though, given how serious such offences must have been for a long stretch in jail.
An chéad stad eile Stáisiún Uí Chonghaile....

Docterror
Senior Member
Posts: 950
Joined: Tue Dec 26, 2006 10:30 pm
Location: Stoke-on-trent, UK

Post by Docterror » Tue Oct 02, 2007 12:05 pm

I saw the topic 'In prison' by Wanderer and all I thought was... Finally!
Jabi

try-one
Member of Standing
Posts: 427
Joined: Fri Sep 24, 2004 12:57 pm
Location: London

Does not count

Post by try-one » Tue Oct 02, 2007 1:22 pm

Time in prision or serving as diplomat in the UK doesn't count
-------------------------
Life is a journey, not a destination (S. Tyler)

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Tue Oct 02, 2007 1:24 pm

Time in prison isn't exercising treaty rights, either, for EU purposes.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

tinux
Junior Member
Posts: 85
Joined: Thu Sep 20, 2007 11:50 am
Location: london

Post by tinux » Tue Oct 02, 2007 11:53 pm

Thank God for that. imagine having a murderer who kill innocents to apply for BC based on his life in the Uk.
I can understand if he has no one to go to then allowing him to stay is ok . but if he has a safe home then he should go back there.

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Does not count

Post by vinny » Wed Oct 03, 2007 12:43 am

try-one wrote:Time in prision or serving as diplomat in the UK doesn't count
Prison sentences would break the "continuous residence", but time spent when under exemption from Immigration control (e.g. diplomats or their dependents) may count. See 276A(a)(iv) and 276A(b )(iii) of the Immigration Rules respectively.

See also Visa exempt - Help !
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 8:29 pm
Australia

Post by JAJ » Wed Oct 03, 2007 1:13 am

tinux wrote:Thank God for that. imagine having a murderer who kill innocents to apply for BC based on his life in the Uk.
I can understand if he has no one to go to then allowing him to stay is ok . but if he has a safe home then he should go back there.
Like the way this convicted murderer ought to be sent home, but won't be (at least not for now): http://en.wikipedia.org/wiki/Learco_Chindamo

Dawie
Diamond Member
Posts: 1699
Joined: Mon Jan 16, 2006 1:54 pm
Location: Down the corridor, two doors to the left

Post by Dawie » Thu Oct 04, 2007 1:35 pm

I don't see why a foreign convicted criminal who has served his sentence should be treated any differently to a British convicted criminal. If you have served your sentence then your punishment should come to an end. If we are going to deport foreign criminals after their sentences have come to an end, why not deport British criminals as well? Or are they better people because of their Britishness?
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Thu Oct 04, 2007 2:26 pm

Dawie wrote:I don't see why a foreign convicted criminal who has served his sentence should be treated any differently to a British convicted criminal. If you have served your sentence then your punishment should come to an end. If we are going to deport foreign criminals after their sentences have come to an end, why not deport British criminals as well? Or are they better people because of their Britishness?
Well that's just silly*. They are citizens of this country so where would they get deported to? Very few would even hold dual nationality anyway, so you'd be taking away their most fundamental right as a citizen of the UK. British criminals who commit a crime outside of the UK do actually get deported back to the UK. Foreign nationals in jail are actually claiming public funds so they obviously cannot support themselves :lol: But to be serious, I cannot see how awarding a criminal a visa or residency is a good thing. They won't meet the requirements for a visa/ILR anyway, no? I know that for some smaller crimes (theft, driving offence) there is a strong case, but for firearms, murder, hit-and-runs, etc....why should they be allowed to stay? It's up to the AIT to decide this, I guess...

JAJ - the case of Chindamo is pretty interesting...that HR Act can be a pain sometimes...



* I am aware of the situation re: Australia and British criminals, but let's look at it from 2007, not 1807.

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