Overstayer, illegant immigrant be aware of the new law..

[Yaounde]

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach

[Liberal Immigrant]

Guys, be very careful. The new rules (below) will come into force on 1st April 2008:

47. After paragraph 320(7A), insert:
“7B. where the applicant has previously breached the UK’s immigration laws by:
(a) Overstaying,
(b) breaching a condition attached to his leave,
(c) being an Illegal Entrant,
(d) using Deception in an application for entry clearance, leave to enter or remain (whether
successful or not),
unless the applicant:
(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or
indirectly) of the Secretary of State,
(ii) used Deception in an application for entry clearance more than 10 years ago,
(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State,
more than 12 months ago,
(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State,
more than 5 years ago, or
(v) was removed or deported from the UK more than 10 years ago.
Where more than one breach of the UK’s immigration laws has occurred, only the breach which
leads to the longest period of absence from the UK will be relevant under this paragraph.â€

[magata]

my question is: can i apply for a fiance/spouse visa before 1st april 2008 and expect them not to use the above rules against me? afterall, my application would have been submitted before the rules came into force.

or may simply being naive?

Very good question! Anyboby

[Wanderer]

my question is: can i apply for a fiance/spouse visa before 1st april 2008 and expect them not to use the above rules against me? afterall, my application would have been submitted before the rules came into force.

or may simply being naive?

Very good question! Anyboby :D

Remember the HSMP ILR req? From four years to five? The Gov applied that retrospectively.....

[clairey]

Does anyone know if this is going to be applied to Nationality applications or is it just for entry clearance?

[Liberal Immigrant]

my question is: can i apply for a fiance/spouse visa before 1st april 2008 and expect them not to use the above rules against me? afterall, my application would have been submitted before the rules came into force.

or may simply being naive?

Very good question! Anyboby

Remember the HSMP ILR req? From four years to five? The Gov applied that retrospectively.....

which if i am not wrong is now on its way to the court of appeal!

[Skingland]

It should only be problem if you are planning on lying? Sorry if I misunderstood..

[Liberal Immigrant]

It should only be problem if you are planning on lying? Sorry if I misunderstood..

i dont intend to lie. though i have in the past once inadvertently breached immigration law and the HO is aware of that. they may use it against me and deny me a spouse/fiance visa for upto a year in light of the new Rule!

[olisun]

my question is: can i apply for a fiance/spouse visa before 1st april 2008 and expect them not to use the above rules against me? afterall, my application would have been submitted before the rules came into force.

or may simply being naive?

Very good question! Anyboby

Remember the HSMP ILR req? From four years to five? The Gov applied that retrospectively.....

which if i am not wrong is now on its way to the court of appeal!

Does that matter???

From the vbsi website "In part, this has happened because the Court did not allow to introduce additional claimants to the case and most of the original ones have already obtained the ILRs."

[Liberal Immigrant]

Very good question! Anyboby

Remember the HSMP ILR req? From four years to five? The Gov applied that retrospectively.....

which if i am not wrong is now on its way to the court of appeal!

Does that matter???

From the vbsi website "In part, this has happened because the Court did not allow to introduce additional claimants to the case and most of the original ones have already obtained the ILRs."

yea i guess. i see your point.

[ClaireM]

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach

Hi does anyone know if these new laws would be applied to a refusal of Entry Clearance (received in Jan 2008) being reviewed by the embassy ie I know an appeal has to be looked at on the grouns of the law in place at the time of the application but what about if they review the case before appeal will it be subject to the new laws then?

[Yaounde]

It wouldnt. This comes in force as front the 01st of 2008.

[Liberal Immigrant]

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach

Hi does anyone know if these new laws would be applied to a refusal of Entry Clearance (received in Jan 2008) being reviewed by the embassy ie I know an appeal has to be looked at on the grouns of the law in place at the time of the application but what about if they review the case before appeal will it be subject to the new laws then?

well, I have been informed by certain lawyers that the embassy/ho WILL subject any appeal/application to the new rules bcoz:

the relevant time for them is not the date when the new rules came into force, rather the time of consideration/decision on the appeal!

[ClaireM]

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach

Hi does anyone know if these new laws would be applied to a refusal of Entry Clearance (received in Jan 2008) being reviewed by the embassy ie I know an appeal has to be looked at on the grouns of the law in place at the time of the application but what about if they review the case before appeal will it be subject to the new laws then?

well, I have been informed by certain lawyers that the embassy/ho WILL subject any appeal/application to the new rules bcoz:

the relevant time for them is not the date when the new rules came into force, rather the time of consideration/decision on the appeal!

Well this is really scary to me my husband got refused entry clearance on 10 Jan 2008 and we lodged an appeal straight away - our lawyer told us that even if the laws change the appeal will be judged on the laws that were in place when the application was refused. What I was worried about is that my MP is trying to get the original application looked at again before the appeal date which will be in September 2008 when the ECO looks at it again will she be able to apply the new laws or only the laws that were around when we applied ie Jan 2008?

[Liberal Immigrant]

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

7.25. Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
One year if, following their breach, they left the UK voluntarily at their own expense;
Five years if, following their breach, they left the UK voluntarily at public expense; and
Ten years if they were removed or deported from the UK following their breach

Hi does anyone know if these new laws would be applied to a refusal of Entry Clearance (received in Jan 2008) being reviewed by the embassy ie I know an appeal has to be looked at on the grouns of the law in place at the time of the application but what about if they review the case before appeal will it be subject to the new laws then?

well, I have been informed by certain lawyers that the embassy/ho WILL subject any appeal/application to the new rules bcoz:

the relevant time for them is not the date when the new rules came into force, rather the time of consideration/decision on the appeal!

Well this is really scary to me my husband got refused entry clearance on 10 Jan 2008 and we lodged an appeal straight away - our lawyer told us that even if the laws change the appeal will be judged on the laws that were in place when the application was refused. What I was worried about is that my MP is trying to get the original application looked at again before the appeal date which will be in September 2008 when the ECO looks at it again will she be able to apply the new laws or only the laws that were around when we applied ie Jan 2008?

i feel your pain. i am in the same boat myself. i have previously breached immig law inadvertently and now intend to apply for a spouse visa in pakistan.

i was initially planning 2 just go bak and apply before 1st april so that i can avoid the new rules but the solicitors said it aint gona work bcoz the relevant time is the time of consideration/decision, not when the actual application was lodged.

but then again, diff solicitors have diff opinions.

i would recommend u pay a barrister and see one for an hour and clarify this point!

[Patience]

This rule is so confusing and no one seems to have a proper explanation.

I am reading conflicting explanations.

When will these laws be applied for in country and out of country applications?

From what I understand, they will be applied to applications from the 28 Feb 08 made in the UK and from April 08 for applications made out of the UK.

Is that so?

[Liberal Immigrant]

This rule is so confusing and no one seems to have a proper explanation.

From what I understand, they will be applied to applications from the 28 Feb 08 made in the UK and from April 08 for applications made out of the UK.

Is that so?

hmm, where did u get this info from?
the Actual Ministerial statement says they will come into force on 1st April 2008, it doesnt distinguish between incountry and outcountry applications.

here is the full statement/rules:
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

[Patience]

This rule is so confusing and no one seems to have a proper explanation.

From what I understand, they will be applied to applications from the 28 Feb 08 made in the UK and from April 08 for applications made out of the UK.

Is that so?

hmm, where did u get this info from?
the Actual Ministerial statement says they will come into force on 1st April 2008, it doesnt distinguish between incountry and outcountry applications.

here is the full statement/rules:
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

I was just inquiring too since I read 28 Feb on the statement.Thanks for the info.

Applications made before that time will just be turned down and appeal dates will be arranged when the new law takes effect, since appeals would be considered on the new laws as somebody mentioned above.

Its just too harsh.

[4444]

does this rule apply to spouses of british citizens aswell or spouses/fiances of immigrants under tier 1

[jei2]

So in theory - and no doubt practice - a 16 year old who's been refused in line with a parent's application might also be excluded until (worse case scenario) 26?

Thoughts anyone?