New criminality threshold, criminal record clarification

[JohnM]

(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.”

Criminal record - does it refer only to out of court disposal only or does it refer to non-custodial sentence as well ?

This is very important. Because if it refers to both then people with fines for traffic convictions can check CRB and of it's clear expect to receive ILR. If it refers only to out of court disposal then it allows UKBA to refuse to anyone with any fine as soon as they see it declared on the application form.

I still don't understand why they refuse to some people with traffic offences and give to others. There is only good character for Naturalisation now, not ILR. In good character for naturalisation they say about recklessness in traffic offences. What is the logic with ILR application to refuse or not? Their CRB check?

[DrFixit]

I am looking for answer to this as well. The way wording is used, it seems like "non criminal record" is meant for out of court disposals. Any one with better understanding of English and law?

[elf_fm]

If you look at the wording in " leave to enter" , it refer to both actually.

(18A) within the 12 months preceding the date of the application, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record; in http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

and here is one of staff guidance:
http://www.ukba.homeoffice.gov.uk/polic ... rfl/rfl10/
where RFL10.8 Summary Table will show you it refer to non-sensence ...


I believe it also refers both for ILR as well

(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.”

Criminal record - does it refer only to out of court disposal only or does it refer to non-custodial sentence as well ?

This is very important. Because if it refers to both then people with fines for traffic convictions can check CRB and of it's clear expect to receive ILR. If it refers only to out of court disposal then it allows UKBA to refuse to anyone with any fine as soon as they see it declared on the application form.

I still don't understand why they refuse to some people with traffic offences and give to others. There is only good character for Naturalisation now, not ILR. In good character for naturalisation they say about recklessness in traffic offences. What is the logic with ILR application to refuse or not? Their CRB check?

[aamir421]

I am eligible to apply for ILR in june 2013. I was caught driving without insurance in Feb 2007. got 6 points and 200 pounds fine. Since 5 years have been passed points have been removed. Then in feb 2011 I received a Caution from police for Texting some one i didnt know. this was based on Malicious communication Act 1988. Its a minor thing. under the new rules on criminality threshold 13 December 2012 non custodial sentence will be considered spent after 24 months. Do u think i will have any problem in my ILR application since 24 months have been passed in Feb 2012.

Do I need to declare these two offences in my application.

[ssidd]

Hi,
ILR is LEAVE TO REMAIN or LEAVE TO ENTER? As staff guidance mention leave to enter only....Any comments plz


Sidd

If you look at the wording in " leave to enter" , it refer to both actually.

(18A) within the 12 months preceding the date of the application, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record; in http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

and here is one of staff guidance:
http://www.ukba.homeoffice.gov.uk/polic ... rfl/rfl10/
where RFL10.8 Summary Table will show you it refer to non-sensence ...


I believe it also refers both for ILR as well

(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.”

Criminal record - does it refer only to out of court disposal only or does it refer to non-custodial sentence as well ?

This is very important. Because if it refers to both then people with fines for traffic convictions can check CRB and of it's clear expect to receive ILR. If it refers only to out of court disposal then it allows UKBA to refuse to anyone with any fine as soon as they see it declared on the application form.

I still don't understand why they refuse to some people with traffic offences and give to others. There is only good character for Naturalisation now, not ILR. In good character for naturalisation they say about recklessness in traffic offences. What is the logic with ILR application to refuse or not? Their CRB check?