Immigrationboards.com

Hi,

Can someone please advise on the new criminalty rules along with the spent/unspent convictions for the rehabilitation of offenders act which is to come into effect April 2013. I'm already an ILR status holder (Granted Feb 2012).

In december 2012, HomeOffice came out with the new rules and I believe the new revised rules for the rehabilitation of offenders act will come into effect.

My story:

Got convicted for drink driving on August 2012 for 20months but got 5months off as 1st time offender, so my driving ban will end Nov 2013. Also got a fine court of about £360.

Now under the present Rehabilitation offenders Act, it takes a 5yrs for a court fine to become spent but with the new rules coming into effect April 2013, it will change from 5yrs to 1yr for court fines to become spent.

So which means both my court fine shud become spent Aug 2013 and driving ban Nov 2013 respectively once the new rules comes into effect in April.

Now the issues now is the new rules that came into effect 12 December 2012 regarding Non-custodial sentences and when an applicant is eligible to apply for either ILR or UK Natuaralisation.

http://www.ukba.homeoffice.gov.uk/polic ... rfl/rfl10/

RFL10 - When can I refuse on the grounds of criminality?

A non-custodial sentence - Paragraph 320 (18A) and S-EC2.5(a) Appendix FM provides for a discretionary refusal of entry clearance where has been convicted 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 within the preceding 12 months.

Does this mean I'm eligible to apply for my UK Naturalisation once my driving ban is completed in nov 2013 and nothing is showing on CRB etc or have to wait another 12months after my driving ban has been completed....Nov 2014?

Thanks

laspo bill is clear that ROA will not apply for immigration purposes. This is why the home office has updated their requirements for good character and has established three years to be the time without fines or non custodial offences to be considered a person of good character.

I'm afraid you have to wait until August 2015 to be able to apply for BC

Hi,

I read this on UKBA site

If you have a conviction which is not yet spent under the Rehabilitation of Offenders Act 1978, an application for citizenship made now is unlikely to be successful. We would therefore advise you to wait until the end of the rehabilitation period before making an application.

Also this rulefor refusal below, which states 12months...those this only applies to those who are seeking ILR or UK natuaralisation?

RFL10 - When can I refuse on the grounds of criminality?

A non-custodial sentence - Paragraph 320 (18A) and S-EC2.5(a) Appendix FM provides for a discretionary refusal of entry clearance where has been convicted 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 within the preceding 12 months.

Here is the full chapter on good character.

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

In the chart for sentence based threshold (3.1.1), non-custodial sentences have a 3 year refusal period from the date of the conviction.

In section 3.3.2 drink-driving is specifically listed as an example of what convictions should not be disregarded.

As Pqek pointed out that means you cannot apply until after August 2015.