Settlement Status And Criminality Checks post Brexit

[dipa1981]

Hello Everyone, I am a non EU citizen divorced with my EU wife. I have a PR card issued to me on Nov 2015. I was sentenced to 11 Months in prison on 13th of January for drink driving offence and released recently.I have 12 other drink and disorderly and minor criminal damage offences dating back from 2008-2017 for which I have done community service and paid fines in court. Now,I am a reformed alcoholic.

The Home office website states that to apply for the settlement status "If you’ve been to prison, you’ll usually need at least 5 years’ continuous residence from the day you were released to be considered for settled status". Persistent offender can be stripped of his permanent resident status

My question is will I be able to switch my PR card to settled status or will it be revoked or it will be automatically invalid after 30 June 2021?

[dipa1981]

I would be really grateful if anyone can give some advice. Much appreciated

[alterhase58]

After 29.3.2019 if you wish to remain in the UK, you are required to apply for settled status as EU regulations won't apply any more (PR holders exchange free of charge). However there will be a criminality check, but nobody can say (yet) how you might be affected. Not sure where date 30 June 2021 fits in - if it's the transition period that hasn't been agreed yet, therefore difficult to give advice, as the laws and regulations are not in place yet.

[NikiGio]

Persistent offender can be stripped of his permanent resident status

Hi Dipa1981

Where did you read this? It doesn't say that on the HO page about SS, as far as I can see. This is the page I'm looking at: https://www.gov.uk/settled-status-eu-ci ... led-status

[NikiGio]

Your existent PR status shouldn't be affected by your recent prison sentence, so you can't be stripped of your existing PR status.

So between March 2019 and December 2020 you'll need to apply to exchange your current PR card with the new SS.

In theory, the fact that your current PR status isn't affected by your prison sentence means they should still be able to exchange your PR card for the new SS, given your sentence was below the 12 months allowed by the immigration rules and occurred before Brexit, so the EEA rules still apply.

As Alterhase58 said - a criminality check will be part of the SS system, but nobody can say yet how people with criminal convictions might be affected as the negotiations on the Withdrawal Agreement are still ongoing.

So as per the advice you were given on the other immigration forum (I'm also a member there) - it would be strongly advisable that before making the SS application, you consult an immigration lawyer.

If you can't afford one - either contact Citizens Advice Bureau or the other forum, which has very good lawyers who may work pro-bono.

For further info, have a look here using the search term 'criminality':

https://ec.europa.eu/unitedkingdom/serv ... /Brexit_en

Also have a look at the Free Movement blog, under the sub-section "What about EU citizens with criminal records?":

https://www.freemovement.org.uk/brexit- ... al_records

Good luck.

[kamoe]

As Alterhase58 said - a criminality check will be part of the SS system, but nobody can say yet how people with criminal convictions might be affected as the negotiations on the Withdrawal Agreement are still ongoing.

I might be able to give you a small insight as I attended a webinar today delivered by the Home Office (arranged by the immigration firm that managed my Tier 2 visa a while ago).

They explained that a criminal record check is the third step of the Settled Status process, and they stressed very specifically they were not after people who had committed minor offenses. Obviously, it is not straightforward to say what "minor" means, it will depend on your case, but they did explain that this follows what in many countries is a standard procedure against terrorism.

There will be a section in the online form where you can declare your convictions, and the form will ask further questions as appropriate. They explain this is in place to "prune out" minor offenses from red flags (red flags meaning international terrorism), and that it is not their intention to go after everyone's traffic offenses. Now, you have been in prison, and what is minor and what needs to be further scrutinized depends on your individual circumstances, so I think NikiGio's advice is very sound:

So as per the advice you were given on the other immigration forum (I'm also a member there) - it would be strongly advisable that before making the SS application, you consult an immigration lawyer.

If you can't afford one - either contact Citizens Advice Bureau or the other forum, which has very good lawyers who may work pro-bono.

Good luck!

[dipa1981]

Thank you everyone for your advice, much appreciated.

[dipa1981]

Hi Everyone, Is there any good immigration lawyers that you guys know who can work Pro-Bono. I don't have the fund available to spend on solicitors as they don't come cheap. I have tried other forum to reach to the lawyers but without any luck. I look forward to hear from you guys.

[CR001]

Hi Everyone, Is there any good immigration lawyers that you guys know who can work Pro-Bono. I don't have the fund available to spend on solicitors as they don't come cheap. I have tried other forum to reach to the lawyers but without any luck. I look forward to hear from you guys.

Members are not permitted to post names and details of solicitors on the forum. You should contact citizens advice as suggested.

[NikiGio]

As CR001 said, here it's not allowed to post lawyers' names. So options that I know of are:

- Citizens' Advice Bureau

- The other forum - are you sure you've had a proper look in the FAQs file? There are pro-bono lawyers there

https://www.hereforgoodlaw.org

Good luck!

Edited by moderator removing links and names to other immigration forums.

[NikiGio]

On the other forum - they've closed your post as you didn't answer, but you can ask the moderators to re-open it by private message and ask this question there.

You should also thank them for their advice, if you haven't done so privately - it's good practice and they're all volunteers/lawyers giving knowledgeable advice for free.

[dipa1981]

Thank you everyone and special thanks to NikiGio. I will keep looking for pro-bono lawyers. you guys are awesome and thank you once again.

[NikiGio]

[dipa1981]

Dear Sir,

Thank you for contacting the Europe Direct Contact Centre.

The EU is currently negotiating with the UK with the objective of reaching an agreement on the UK's orderly withdrawal from the EU. The commitments enshrined in the envisaged Withdrawal Agreement, including a possible transition period, will only become legally binding once the Withdrawal Agreement has been concluded and ratified. Only those who are residing in the UK in accordance with the conditions which EU free movement law attaches to the right of residence are guaranteed to be protected by the Withdrawal Agreement, if ratified by both EU and the UK.

If you are lawfully residing in the host state at the end of the transition period in accordance with Union free movement law, the Withdrawal Agreement, if ratified by both EU and UK, provides for residence rights for non-EU citizens also in the case of divorce, subject to limitations and conditions set out in the Directive 2004/38/EC. Based on your existing right of residence under the Union free movement law, you would thus be entitled to apply for settled status in accordance with the Withdrawal Agreement. According to the Withdrawal Agreement, the UK authorities will be able to carry out systematic criminality and security checks on all applicants for a new status in the UK.

Criminal conduct may have consequences for the right of residence, be it under today's EU free movement law or under the Withdrawal Agreement. For criminality committed before Brexit, the current rules of the Free Movement Directive will apply (Chapter VI). All decisions affecting the right of residence taken on grounds of criminality committed before Brexit will have to be taken on a case-by-case basis and only those offenders whose personal conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society can be removed. This means that the UK will be able after Brexit to remove those offenders who committed their offences before Brexit only where they would be able to remove them now.

In the case you reside in the UK under domestic law and not under rights derived from EU free movement law, you residence status is not affected by Brexit and will be determined by UK domestic laws.

We hope you find this information useful. Please contact us again if you have other questions.

[Seamen]

Persistent offender can be stripped of his permanent resident status

Hi Dipa1981

Where did you read this? It doesn't say that on the HO page about Surinder Singh route, as far as I can see. This is the page I'm looking at: https://www.gov.uk/settled-status-eu-ci ... led-status

My self was caught drinking driving and was banned I have pr already and I recently applied for settled status and on process after filing in the application I was told I will be given settled status I declare my drink driving ban and I was ask if any prison sentence I said 0 I have went and do my biomatric and received my Coa since 23 April and still waiting for respond I called them today 4th June and they escalated it on my behalf so am waiting

[cheetos666]

I have applied for settled status way over a month ago and they still haven't given me their decision. They say it's with a "case worker". My criminal convictions are not serious, I've been living in the UK for way over 5 years, I've never been given a prison sentence of 6 months or more. I have never been involved with terrorism thing or associated with anyone into that (I'm not even religious), nor with illegal immigration or slavery/human traffic thing, I've never been done for any type of violent crime against a person or an animal, nor for possession of class A drugs, nor drug trafficking. All my past sentences are petty. I haven't been convicted of any sentence (or arrested) for years. I never had a referral for deportation/immigration thing either. I've never had any "exclusion" orders, whatever that means. I don't have any case awaiting trial or anything. I'm clean and I've been this year for years. My last prison sentence was over 5 years ago.

By what I've researched, I should've been given settled status already and they shouldn't be taking this long to decide. By what I've read, the rules on this matter seem straight forward, but for some strange reason they are taking a long time to give me a response. It's as if they haven't been honest with the rules of who exactly shouldn't be able to stay here after Brexit. It's as if they are hiding something about the way they make the decisions. They are not being transparent about it, and I'm curious to know why.

[askmeplz82]

If you have PR and you are still waiting for a decision then it’s more likely caseworker making inquiries with other government agencies and European casework team

People with PR normally get settled status in less then 5 days average

[cheetos666]

If you have PR and you are still waiting for a decision then it’s more likely caseworker making inquiries with other government agencies and European casework team

People with PR normally get settled status in less then 5 days average

No, I find it hard to believe that it can take them over a month to make enquiries with other agencies about criminal convictions and other warnings.
It just seems to me that they are not being transparent enough with the rules on this matter.

[BRADEMYLIAN]

Someone can help me with advice here? About....I had DR10 and banned from driving in 2017 for 9 months because I done the course and licence now is back my licence,but I'm worried if my criminal offence like drink driving will affect me for my settled status when I'll be 5 years in UK next year in may. At the moment I got granted for pre settled status for 5 years from the date of the decision. Which this was just after a year and a half after my drink driving offence.. I have my house with my wife here and we bought the house in mortgage in the period between my drink and drive offence ,licence was banned in the moment I applied for the house then the licence I got it back in July, completion of the house documents was done in end of September last year. I have been granted with my pre settled decision this year about January,when I have applied for,I mentioned I had criminal offence, motoring one...drink driving. So....sorry for my English,if bad,I'll be affected to obtain next year my settled status? Just to know,if they will refuse I just have to go in another country not to spend time from life...

[RICHU]

Persistent offender can be stripped of his permanent resident status

Hi Dipa1981

Where did you read this? It doesn't say that on the HO page about Surinder Singh route, as far as I can see. This is the page I'm looking at: https://www.gov.uk/settled-status-eu-ci ... led-status

My self was caught drinking driving and was banned I have pr already and I recently applied for settled status and on process after filing in the application I was told I will be given settled status I declare my drink driving ban and I was ask if any prison sentence I said 0 I have went and do my biomatric and received my Coa since 23 April and still waiting for respond I called them today 4th June and they escalated it on my behalf so am waiting

Did you got your setteld status?

[MaggieWi]

Re: Settlement Status And Criminality Checks post Brexit
Quote
Post by cheetos666 » Fri Jul 12, 2019 12:37 pm

Cheetos666, I am interested to know whether you received your settled status in the end, and what criminality issues had any bearing on this??