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Petition / legal action - new rules for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Struggler
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Petition / legal action - new rules for ILR

Post by Struggler » Fri Mar 18, 2011 10:51 am

Guys - I am planning to write an email to Mr Damian Green explaning the situation to him.

anoop666
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Post by anoop666 » Fri Mar 18, 2011 11:16 am

Please can you send us the draft template we will also try to email Damian

Struggler
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Post by Struggler » Fri Mar 18, 2011 11:25 am

Dear Mr Damian Green,‎

I am writing this email to bring to your kind attention that the proposed changes to the Settlement route is ‎a matter of great concern for many of us immigrants who have invested a lot of time, money and effort ‎in making UK their home. The most significant rule change is Criminal Conviction Threshold. ‎

The proposed draft mentioned that anyone who is applying for Settlement must not have any unspent ‎conviction. Many of us immigrants have had fines imposed on them for various reasons (eg: Traffic ‎Offence). As per the Rehabilitation of Offenders Act 1974, it takes 5 years for a Fine conviction to be ‎spent. So if a fine has been imposed on a person towards the end of his 5 years qualifying period for ‎ILR, he/she will have to wait for another five years to qualify for ILR which we all feel is unfair. This is also ‎subject to Home office extending their visa to the date where the conviction becomes spent for him/her ‎to apply for ILR. ‎

The above mentioned situation is the exact reason for the Labour Government to allow people to qualify ‎for ILR even with unspent conviction but the conviction had to be spent for British Citizenship.‎

I hope you will consider the above matter and make an informed decision.‎


Best Regards

..............................................................

Let me know if anything else needs to be added!!

anoop666
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Post by anoop666 » Fri Mar 18, 2011 11:39 am

Looks good, as I am from Tier1 i will make few changes and send, I request everyone who had traffic offences etc send an email to local MP and Mr Damian Green

Struggler
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Post by Struggler » Fri Mar 18, 2011 11:47 am

anoop666 - please can you post your version of the draft.....

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Fri Mar 18, 2011 12:04 pm

Wats the email address for damien Green i will send same email to him.

Struggler
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Post by Struggler » Fri Mar 18, 2011 12:05 pm


anoop666
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Post by anoop666 » Fri Mar 18, 2011 12:38 pm

Please check this draft version and let me know if any changes required


Dear Mr Damian Green,

I am writing to you to express my anxiety and concern at the proposed settlement rules for Indefinite Leave to Remain for existing Tier 1 visa holders who apply for it after 6th April 2011. The most significant rule change is Traffic offence in Criminal Conviction Threshold.

The proposed draft mentioned that anyone who is applying for Settlement must not have any unspent ‎conviction. Many of us immigrants have had fines imposed on them for various reasons (eg: Traffic ‎Offence). As per the Rehabilitation of Offenders Act 1974, it takes 5 years for a Fine conviction to be ‎spent. So if a fine has been imposed on a person towards the end of his 5 years qualifying period for ‎ILR, he/she will have to wait for another five years to qualify for ILR which we all feel is unfair.

As you may already be aware, Tier 1 Visa applicants are highly skilled professionals and have made immense contributions to the UK economy. Many of us have made UK our permanent home, already taken homes on mortgages and paying regular taxes, and abiding by the laws. We have created a future, uprooting our established careers in our home countries, choosing a life here in the UK for 3-4 years and changing the goalposts for settlement midway is the most unfair thing that could ever be done. We pay taxes, NI etc and do not put any burden on the State in terms of Benefit eligibility.

It causes great misery and uncertainty to us hard working people who contribute so much to the UK economy, to live in the constant fear that a last minute change in rules may mean we do not get Indefinite Leave to Remain in the 4/5 years which we were promised at the time of arriving here.

I have always supported Conservative policy as it is fair on topics like immigration. While I fully support restricting immigration to the brightest and the best, those like us who are already here also deserve a fair deal.

Therefore, I kindly request you to re-consider the above matter and make an informed decision.‎

Best Regards,

lavkir
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Post by lavkir » Fri Mar 18, 2011 12:52 pm

This is my draft which I am sending -


I am writing this email to bring to your kind attention that the proposed changes to the Settlement route is ‎a matter of great concern for many of us immigrants who have invested a lot of time, money and effort ‎in making UK their home. The most significant rule change is Criminal Conviction Threshold. ‎

As per the proposed draft published, anyone who is applying for Settlement must not have any unspent ‎conviction. Many of us immigrants have had fines imposed on them for various reasons (e.g.: Traffic ‎Offence). Traffic offences committed by migrants have been due to the lack of awareness about UK traffic laws rather than with any malicious intent or wanting to contravene the law. It is not fair to burden and punish them when they have otherwise been good, law abiding citizens during their entire tenure in the UK.

As per the Rehabilitation of Offenders Act 1974, it takes 5 years for a Fine conviction to be ‎spent. So if a fine has been imposed on a person towards the end of his 5 years qualifying period for ‎ILR, he/she will have to wait for another five years to qualify for Settlement which we all feel is unfair. This is also ‎subject to Home office extending their visa to the date where the conviction becomes spent for him/her ‎to apply for Settlement. ‎
The above mentioned situation is the exact reason for the Labour Government to allow people to qualify ‎for ILR even with unspent conviction but the conviction had to be spent for British Citizenship.‎

I would request you to reconsider the implications with regards to the association of traffic offences with criminal offences, which significantly impacts applicants applying for or on the threshold of Settlement, and make an informed decision.

anoop666
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Post by anoop666 » Fri Mar 18, 2011 3:49 pm

I recieved the following automated email from when I sent an email to ashfordconservatives@btconnect.com,greend@parliament.uk


Thank you for your email. If you are contacting Mr Green as a constituent, please include your telephone number, address and postcode to ensure a prompt reply.

If the e mail is about an immigration case, please note that although Mr Green is the Immigration Minister he can only take up cases on behalf of his own constituents. Therefore you will only receive a direct response if you live in his constituency. If you live elsewhere the person best placed to help you will be your own MP, who you can find at http://findyourmp.parliament.uk.

If you have a point to make about immigration policy or the UK Border Agency you should contact the Home Office at public.enquiries@homeoffice.gsi.gov.uk.


Ashford Conservatives
Damian Green MP
Agent Gordon Williams
Tel: 01233 820454
Fax: 01233 820111
ashfordconservatives@btconnect.com
www.ashfordconservatives.com

Struggler
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Post by Struggler » Fri Mar 18, 2011 4:17 pm

Even if he does not reply I hope he reads our email.... And I am planning on sending the same email everyday.

I dont think he thought this through while implementing the Conviction rule. All we are trying to do is make him realise what he is doing.

I will even email the home office and my local MP....

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Post by dewales001 » Fri Mar 18, 2011 4:59 pm

Struggler wrote:Even if he does not reply I hope he reads our email.... And I am planning on sending the same email everyday.

I dont think he thought this through while implementing the Conviction rule. All we are trying to do is make him realise what he is doing.

I will even email the home office and my local MP....
I hope they have deep thoughts about what they intend to do, because I see it more like an Exclusion rule rather than an Immigration rule. The law already exist for Citizenship, why bring it in for Settlement? They might as well shut their border and tell everyone to leave.

It just doesn't make sense!...Even other counteris e.g Canada does not make a big fuss about Traffic offence execpt Drink-Driving.

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Post by KDS » Sun Mar 20, 2011 7:59 pm

good luck, but I don't think Home Secretary will have any sympathy for people who break the law though. already they said they will not count fixed penalty notices. which is what you get if u speed a little or parked in a wrong place etc.

I live in London most people drive like nutters are teenagers (who pay premium for insurance) and immigrants (obviously not all, but many that does are from 3rd world countries) go and see east-ham, southall etc.

This will send a clear message. if u want to live here follow the rules. all of it.

any one thinking of going to court good luck. if you guys win, next all the thieves will go 2 court to change the theft laws :D

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Sun Mar 20, 2011 8:07 pm

Better to not discuss frustrated comments by KDS we should concentrate on our Aims,on human Grounds we can fight it in courts,so we should stick together,Kds our purpose is only to reduce this threshold from serious offences to minor offences.Hope you understand.Minor traffic offences should be exempted as you haven't face when you face you knew that some time even you get fixed penalty you may be end in Court if you challenge it or it depends on police officer in police station who dealt with your producer of fixed penalty.So not everything is as simple as it looks,so when you face you knew how its feels.

KDS
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Post by KDS » Sun Mar 20, 2011 9:06 pm

ssoct98@hotmail.com wrote:Better to not discuss frustrated comments by KDS we should concentrate on our Aims,on human Grounds we can fight it in courts,so we should stick together,Kds our purpose is only to reduce this threshold from serious offences to minor offences.Hope you understand.Minor traffic offences should be exempted as you haven't face when you face you knew that some time even you get fixed penalty you may be end in Court if you challenge it or it depends on police officer in police station who dealt with your producer of fixed penalty.So not everything is as simple as it looks,so when you face you knew how its feels.
what do you constitutive as a minor traffic offence ?

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Sun Mar 20, 2011 9:24 pm

Driving on intl licenece having provisional licence,This is most common offence by foreign nationals,leaving all you tell me how long they keep on giving extensions to such applicants,My frd get a fixed PCN but the officer who dealt him at station suspect for many others stuff and finally he ends up in court with same fixed penalty fine and cleared from any other who officer suspected him,but he pay only that Fixed penalty fine but now by court,do you believe in this his fault?
Law looks very straight but in real life many persons been affected for nothing as HO left no discretions for reasons of going court ,they just said have to be unspent under 1974 act.
Sometime you get fixed but ends in court now U tell what U say about these peoples where they go and where they knock the doors as they never want to go court but they have to go for fixed penalty points.

I just want HO should consider offence nature not all offences.If you drive on INTL licence your Points has to be dealt via courts.

Anyhow i am hopeful you will give your true opinion on above.

KDS
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Post by KDS » Sun Mar 20, 2011 9:50 pm

ssoct98@hotmail.com wrote:Driving on intl licenece having provisional licence,This is most common offence by foreign nationals.
that's legal for a year any way what's the offence there ? . If they drove longer than that, the that's same as driving with out licence. which is a serious offence. how would you classify that as minor offence. by ur standard any one drive with out licences are committing minor offence ?

HO will ignore 1 speeding ticket even if it's comes from court. I yet to see any one got refused BC because they got 1 speeding ticket from court.

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Sun Mar 20, 2011 10:08 pm

KDS I am expecting true answer not argument for the sake of discussion,you have not reply abt above case of my frd,also Ho now on will not ignore anything, as per law one has to be clear of all unspent convictions means not a single speeding ticket will be ignored if dealt via courts.
Anyhow no discussion with you as only one can feel who been through this,hoping for you same than you knew this is correct or wrong.
Answer if you have any for above case. Good luck.

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Post by geriatrix » Sun Mar 20, 2011 10:18 pm

Not sure what you mean by "true answer".

The problem is that your post (in context) can only lead to unending discussions and / or arguments / annoyance ... like some earlier ones did in the past in a long-debated topic ... but not a logical solution.

As you see in the topic, some members have taken the initiative to write to the government. They believe it might bring about a change. Likewise, it only takes one person to apply for JR, so .. why not you? After all, you are "one" of the affected!
Life isn't fair, but you can be!

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Sun Mar 20, 2011 10:28 pm

I have also written to Them,As you are moderator and you are always right,so I can't comment.If I say anything else I knew the result which is banning,so sushmehta I am trying to be together with all,so I think is the right way.Anyhow I am out of this discussion.

KDS
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Post by KDS » Sun Mar 20, 2011 10:48 pm

Apologies, I’m not arguing with you just stating another view on this matter.

Naturalisation as bc had this requirement for a while now and no one I know was refused just because they had one penalty notice, that’s offered by the court. Just declare it and explain the reason. I’m sure case worker will ignore that. Your friend has to do the same. If he is not charged with other offences then all ok for him.

Driving without licence, insurance, drink drive or mobile use etc all serious offence. You can try in court to change the requirement.

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Sun Mar 20, 2011 10:52 pm

Thanks KDS for your support I will try my best if Law allows us to explain.I am hopeful for all and Best of luck for all.

geriatrix
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Post by geriatrix » Sun Mar 20, 2011 11:14 pm

ssoct98@hotmail.com, having lived the experience, you know more than most that one gets banned only when one behaves in manner that is in contravention of the forum T&Cs, not at the whim of moderator(s).

On the other hand, what I have suggested is that self-help is the best help. And made you aware, if you were not, that to file a JR there is no need for a "group of people" but just "one person" - which can be you.
Last edited by geriatrix on Sun Mar 20, 2011 11:20 pm, edited 1 time in total.
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Sun Mar 20, 2011 11:17 pm

KDS, you need to change the "tone" of your posts .. which has already been suggested to you in another topic.
Life isn't fair, but you can be!

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Sun Mar 20, 2011 11:25 pm

Sush Many suggest JR but your comments came for me only?Anyhow I believe its needs to be on solid bases,so if we go collectively we can be more effective and more inputs and also financial aspect can be covered easily.
Anyhow whatever happened I wish good for all,May be HO review it again later this year and revised it and make it little less strict in terms of threshold.

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