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

Posted on December 16, 2012 in Other Visas by
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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.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.