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New Immigration Rules

Posted: Tue Dec 11, 2012 10:05 am
by ssidd
Hi Friends,
Any update about the changes which UKBA suppose to implement from 13th december?

Please share it here.


Regards
Sidd

Posted: Tue Dec 11, 2012 11:04 am
by uksettlement
Today is only 11th dec!

Posted: Tue Dec 11, 2012 11:49 am
by ukswus
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?)

Posted: Tue Dec 11, 2012 12:05 pm
by saayinla
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.

Posted: Tue Dec 11, 2012 12:12 pm
by ukswus
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.

Posted: Tue Dec 11, 2012 12:40 pm
by InUkOnHsmp
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?

Posted: Tue Dec 11, 2012 1:01 pm
by ukswus
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.

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

Posted: Thu Dec 13, 2012 8:53 am
by ssidd
Hi Guys,
Did any body find any guideline on UKBA website?


Regards
Sidd

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

Posted: Thu Dec 13, 2012 8:57 am
by ryan2020
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.....

Posted: Thu Dec 13, 2012 9:53 am
by cs95tdg
Only new item I noticed to be published yesterday was the Statement of Changes... http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Posted: Thu Dec 13, 2012 10:09 am
by skumar45
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.

Posted: Thu Dec 13, 2012 10:24 am
by cs95tdg
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

Posted: Thu Dec 13, 2012 10:28 am
by Simi UK
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!!

criminality threshold

Posted: Thu Dec 13, 2012 10:29 am
by ssidd
what does it mean? It means there is no 24 months criteria for conviction??

Posted: Thu Dec 13, 2012 10:31 am
by skumar45
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 ?

Posted: Thu Dec 13, 2012 10:37 am
by skumar45

Posted: Thu Dec 13, 2012 10:42 am
by skumar45

criminality threshold

Posted: Thu Dec 13, 2012 10:48 am
by ssidd
Did anybody find any clause regarding criminal conviction?

Re: criminality threshold

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

criminality threshold

Posted: Thu Dec 13, 2012 11:08 am
by ssidd
My understanding is FINE is a non custodial sentence...It means for fine one have to wait 24 months....am i right?

Re: criminality threshold

Posted: Thu Dec 13, 2012 11:15 am
by Simi UK
ssidd wrote:My understanding is FINE is a non custodial sentence...It means for fine one have to wait 24 months....am i right?
Yes, I think if you will have to wait 24 months!!!

criminality threshold

Posted: Thu Dec 13, 2012 11:28 am
by ssidd
Any other expert opinion plzzzz!!!

Posted: Thu Dec 13, 2012 11:43 am
by SONAKSHI
"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."
FPN are not recorded in the criminal records. So if it is not recorded in the criminal records, does that mean that the ILR will be successful.

Posted: Thu Dec 13, 2012 1:48 pm
by ryan2020
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

this is old guidance ? i cant find version 12/2012

Posted: Thu Dec 13, 2012 2:02 pm
by ukswus
Ok, it's finally posted:


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


My understanding is that for Tier 1 migrants, they will continue to disregard absences for no more than 180 days (over all 5 years), but will ask for compassionate evidence when this limit is exceeded. Interestingly, they are not expecting any evidence regarding paid leaves.