Changes to Immigration Rules coming into effect on 13-12-12

[Obie]

In light with the right conferred by the Secretary of State under Sect 3(2) of the immigration act 1971, the Government has laid down changes to the immigration rules, which will become effective on the 13-12-2012.

It will be a relieve to some people, as the requirement under the current rule that the applicant should not have any unspent conviction will be removed. It will be replaced with the wording that the applicant does not fall to be refused under the general grounds of refusal.

However some changes are not positive. People who received sentences of more than 4 years will be refused ILR ( Blanket ban).

People who received a sentence under 4 years but above 12 months, will have to wait for 15 years after sentence to obtain ILR.

people who receive under 12 months will have to wait for 7 years after their sentence to qualify.

I believe these policy will be replicated for application for nationality aswell.

UKBA: Changes to the Immigration Rules

Statement of Change

We shall see how this plays out in the courts.

[yankeebrit]

How will foreign convictions be handled?

[timarli]

I hope they won't change the "calculating continuous period - guidance for caseworkers" and I will be able to apply without extending.

My entry is delayed app. 2 months... :S

[kvora]

when you mention sentence, do you mean prison sentence?

[transpondia-2011]

Interestingly, they are making these changes effective 13 Dec for those people whose application is *pending* in addition to those who have not applied. Their rationale for this is given in the SOC published this morning. We have not seen a retrospective set of changes for a long time!

[niomi]

Interestingly, they are making these changes effective 13 Dec for those people whose application is *pending* in addition to those who have not applied. Their rationale for this is given in the SOC published this morning. We have not seen a retrospective set of changes for a long time!

Does this mean if my application was not allowed after dec 12, and I applied dec 12, it will not be valid?

[vinny]

More new Immigration Rules with immediate effect

[niomi]

More new Immigration Rules with immediate effect

Does this affect entrepreneur applications from students made prior to Dec 13?

[songo]

[quote="Obie"]In light with the right conferred by the Secretary of State under Sect 3(2) of the immigration act 1971, the Government has laid down changes to the immigration rules, which will become effective on the 13-12-2012.

It will be a relieve to some people, as the requirement under the current rule that the applicant should not have any unspent conviction will be removed. It will be replaced with the wording that the applicant does not fall to be refused under the general grounds of refusal.

However some changes are not positive. People who received sentences of more than 4 years will be refused ILR ( Blanket ban).

People who received a sentence under 4 years but above 12 months, will have to wait for 15 years after sentence to obtain ILR.

people who receive under 12 months will have to wait for 7 years after their sentence to qualify.

I believe these policy will be replicated for application for nationality aswell.

[url=http://www.ein.org.uk/news/ukba-changes ... on-rules-0][b]UKBA: Changes to the Immigration Rules[/b][/url]

[url=http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary][b] Statement of Change[/b][/url]


My interpretation is the the bellow cases if for sentences with imprisonment

People who received sentences of more than 4 years will be refused ILR ( Blanket ban).

People who received a sentence under 4 years but above 12 months, will have to wait for 15 years after sentence to obtain ILR.

people who receive under 12 months will have to wait for 7 years after their sentence to qualify.

For cases with sentences with no imprisonment the wait is 24 months after the sentence and criminal sentences recorded in the criminal records.

Can any body confirm the interpretation is correct?



Can any body advise if these policy will be replicated for application for nationality and when?

[Obie]

New Immigration rules made even weaker by new Upper Tribunal Judgement.

Izuazu (Article 8 – new rules) [2013] UKUT 45 (IAC)