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Tougher Rules for over-stayers and migrants with a criminal record

16 December 2012

On 1 October 2012, Immigration Rules were brought into effect so that all applications for leave to remain made by over-stayers of more than 28 days under the PBS Schemes or under the family routes would be refused.

In addition, sections of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 also came into force on 1 October 2012 stating that any conviction, whether spent or not, must be disclosed in an immigration application and can be taken into account by the UKBA.

On 1 January 2013, new amendments will become effective allowing the UK Border Agency  to normally (although not mandatory) refuse any application for entry clearance or indefinite leave to remain when the applicants:

• have been sentenced to a period of imprisonment of at least four years at any time during their life in the UK or overseas;

• have been sentenced to a period of imprisonment for at least 12 months up to four years within the last 10 years;

• have been sentenced to a period of imprisonment of less than 12 months within the last five years;

• have been sentenced to a non-custodial sentence within the last 12 months;

• are serious or repeat offenders.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.