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immigration rule paragraph 322(5)?

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791898
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immigration rule paragraph 322(5)?

Post by 791898 » Sat Apr 14, 2012 10:26 pm

UKBA: considering leave to remain - mandatory and discretionary refusals

322(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his character, conduct or associations or the fact that he represents a threat to national security;

What exactly criminal offenses are covered by immigration rule paragraph 322(5)?

please answer if you are sure.

many thanks.

derlin
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Re: immigration rule paragraph 322(5)?

Post by derlin » Sun Apr 15, 2012 1:15 am

791898 wrote:UKBA: considering leave to remain - mandatory and discretionary refusals

322(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his character, conduct or associations or the fact that he represents a threat to national security;

What exactly criminal offenses are covered by immigration rule paragraph 322(5)?

please answer if you are sure.

many thanks.
All criminal offenses!

Greenie
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Post by Greenie » Sun Apr 15, 2012 8:15 am


791898
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Location: london

immigration rule paragraph 322(5)?

Post by 791898 » Sun Apr 15, 2012 9:22 pm

i did check that before i post it, there is nothing stated clear about what criminal offences (unspent) lead to refusal.

Mr Rusty
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Re: immigration rule paragraph 322(5)?

Post by Mr Rusty » Mon Apr 16, 2012 2:37 am

791898 wrote:i did check that before i post it, there is nothing stated clear about what criminal offences (unspent) lead to refusal.
Indeed, 322[5] refusals are discretionary rather than mandatory, and the publicly published guidance in the previous link has a lot of the subject "restricted", so you can't be sure.

As a clue, however, you might like to look at page 56 of this document, which gives proforma refusal wordings:-

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You can see there that you can be refused if you have accumulated a string of minor offences, and anything to do with violence, sex, arson or drugs will probably get you refused.

Quite right too.

791898
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Joined: Tue Apr 10, 2012 9:21 pm
Location: london

Reply

Post by 791898 » Mon Apr 16, 2012 8:44 am

So can I assume that applicant with ONLY these type of criminal offended would be rejected ?!

My concern is about drink drive, banned for a year but agreed to take rehabilayion course which eases case and fined £200 and. Nothing and nobody was damaged or injured

Would it be rejection?????

ElenaW
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Re: Reply

Post by ElenaW » Mon Apr 16, 2012 10:06 am

791898 wrote:So can I assume that applicant with ONLY these type of criminal offended would be rejected ?!

My concern is about drink drive, banned for a year but agreed to take rehabilayion course which eases case and fined £200 and. Nothing and nobody was damaged or injured

Would it be rejection?????
What year did this happen? I'm fairly certain your ILR won't be approved with unspent criminal convictions. You may be approved for further leave to remain though and other temporary visas.
I tell it like it is.

791898
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Location: london

J

Post by 791898 » Mon Apr 16, 2012 10:17 am

It happened this year after a couple of weeks he applied for tier1 psw, on it's policy it is NOT stated all unspent convictions should be rejected unlike ILR, I

That's I was wondering if drink drive acceptable?!

Mr Rusty
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Re: Reply

Post by Mr Rusty » Mon Apr 16, 2012 11:11 am

ElenaW wrote:
791898 wrote:So can I assume that applicant with ONLY these type of criminal offended would be rejected ?!

My concern is about drink drive, banned for a year but agreed to take rehabilayion course which eases case and fined £200 and. Nothing and nobody was damaged or injured

Would it be rejection?????
What year did this happen? I'm fairly certain your ILR won't be approved with unspent criminal convictions. You may be approved for further leave to remain though and other temporary visas.
Actually, I think my previous comment was misguided, and you are probably right. I don't know where I got the previous document from, but I've now turned up this one, which is dated within the last 2 months:-

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

From 6 April 2011 a person who applies for settlement must show that they do not have any unspent convictions (as defined by the Rehabilitation of Offenders Act 1974). This is an additional requirement for settlement in all immigration routes. If an applicant or their dependants have an unspent conviction, you must refuse their application

Note the word "must". I would say now it's pretty clear that having copped a fine an ILR application is set back 5 years from the date of conviction, that being the relevant period under the Rehabilitation of Offenders Act.

Best of luck with the FLR application.......

ElenaW
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Location: Back and forth between California and Norwich :D

Re: J

Post by ElenaW » Mon Apr 16, 2012 11:59 am

791898 wrote:It happened this year after a couple of weeks he applied for tier1 psw, on it's policy it is NOT stated all unspent convictions should be rejected unlike ILR, I

That's I was wondering if drink drive acceptable?!
Drink driving is a very serious offence in the UK so I'm afraid you'll be at the mercy of the ECO. It's likely ILR would be refused so probably a better idea to get extensions until it's spent.
Last edited by ElenaW on Mon Apr 16, 2012 2:33 pm, edited 1 time in total.
I tell it like it is.

Mr Rusty
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Re: J

Post by Mr Rusty » Mon Apr 16, 2012 2:17 pm

ElenaW wrote:
791898 wrote:It happened this year after a couple of weeks he applied for tier1 psw, on it's policy it is NOT stated all unspent convictions should be rejected unlike ILR, I

That's I was wondering if drink drive acceptable?!
Drink driving is a very serious offence in the UK so I'm afraid you'll be at the mercy of the IO. It's likely ILR would be refused so probably a better idea to get extensions until it's spent.
Forget what the offence is, or what view an "IO" is likely to take about drink-driving. It's a simple matter of reading off a tariff, what sentence passed, and when. I can't better the summary on Wikipedia:-
"For adults, the rehabilitation period is 5 years for most non-custodial sentences, 7 years for prison sentences of up to 6 months, and 10 years for prison sentences of between 6 months and 2½ years. For a young offender under 18 the rehabilitation period is generally half that for adults. Prison sentences of more than 2½ years can never be spent."
The actual tariff is there somewhere for those that want the full detail, I can't be bothered to find it, but I know that a fine requires a 5-year rehabilitation.

The OP was fined £200. Based on the document in my last post, which appears to supercede that originally posted by Greenie, he will, not " is likely to", be refused ILR if he applies any time within 5 years from the date of his conviction.

If he can't sustain the circumstances to merit an extension of his Tier1psw, he'd better start thinking about life elsewhere in the world.

ElenaW
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Re: J

Post by ElenaW » Mon Apr 16, 2012 2:32 pm

Mr Rusty wrote:
If he can't sustain the circumstances to merit an extension of his Tier1psw, he'd better start thinking about life elsewhere in the world.
Yep! I'd go elsewhere personally.
I tell it like it is.

Greenie
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Post by Greenie » Mon Apr 16, 2012 2:41 pm

the OP asked a question about discretionary refusals under para 322(5) - the guidance I posted is still relevent for such refusals. The guidance posted by Mr Rusty is about the criminality threshold for settlement - which is not what the OP asked about. I had assumed in answering the OP's question that he was asking whether an application for further limited leave (not ILR) would be refused under 322(5) in light of his conviction.

Mr Rusty
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Post by Mr Rusty » Tue Apr 17, 2012 3:20 am

Greenie wrote:the OP asked a question about discretionary refusals under para 322(5) - the guidance I posted is still relevent for such refusals. The guidance posted by Mr Rusty is about the criminality threshold for settlement - which is not what the OP asked about. I had assumed in answering the OP's question that he was asking whether an application for further limited leave (not ILR) would be refused under 322(5) in light of his conviction.
Yes, sorry, you're right, we both gave accurate advice based on the original question but I went off at a tangent after ILR was mentioned, although the OP hasn't actually said that he is applying for ILR.

The last document I quoted does not supercede that quoted by you, they sit together.

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