Petition / legal action - new rules for ILR

KDS · Post by **KDS** » Sun Mar 20, 2011 11:28 pm

sushdmehta wrote:KDS, you need to change the "tone" of your posts .. which has already been suggested to you in another topic.

only trying to help the guy.

ssoct 98

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

look at what they say about FPN

Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should
therefore be disregarded. The exceptions to this will be where either there are
criminal proceedings for failure to pay and the individual has an unspent
conviction as a result of that or the individual has multiple FPNs, particularly
over a short period of time, and should be considered in line with the general
requirements of character, conduct and associations within paragraph 322(5) of
the Rules.

It doesn't say if it comes from court etc. I thought all FPN is comes from court but i could be wrong.

Post by **geriatrix** » Sun Mar 20, 2011 11:54 pm

ssoct98@hotmail.com wrote:Many suggest JR but your comments came for me only?

Not sure if you read through the topic. If you do, you'll note that you are the first one (yet) in this topic to make a reference to fight in courts.

on human Grounds we can fight it in courts

so my comments in this topic regarding JR could have been directed only to you - and not to some "not-posting-in-this-topic" member of the forum.

Anyhow, just another example of your post leading to an unnecessary discussion .. so it's a full stop from my end.

kenfrapin · Post by **kenfrapin** » Mon Mar 21, 2011 9:54 am

I guess most have questions on what exactly is a criminal conviction and does a speeding ticket constitute a conviction. Been going through a few documents/articles and found the below in the AN Guide on UKBA site for Citizenship

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By â€œminor offenceâ€

_Igor · Post by **_Igor** » Mon Mar 21, 2011 10:45 pm

Guys please let everyone know if you decide to go for legal action.
I think there will be people (who are not affected) who will support your legal case. As a car owner, I find it extremely terrifying to get some fine and wait another 5 years for ILR. I will contribute financially if you go to court.

lavkir · Post by **lavkir** » Tue Mar 22, 2011 11:48 am

Can anyone please share the contact details of the Shadow Minister for Immigration. I have already sent emails regarding the Settlement rule changes to Ed Milliband & Harriet Harman from Labour.

I am also planning to send emails to Human Rights group relating to Immigration. This rule change is denying our basic human right to earn our livelihood in a foreign land. Traffic offences cannot be categorised as being a threat to the society at large. In this country there are so many asylum seekers and illegal migrants who even after committing heinous crimes are allowed to stay and burden the state utilising the taxes paid by us.
If anybody can share contact details for Human Rights and Immigration support groups, would be greatly appreciated.

ssoct98@hotmail.com · Post by **ssoct98@hotmail.com** » Tue Mar 22, 2011 11:55 am

Lavkir, we all here making a group to go for a legal advice in this regard you can join us so please give us your contact details.

_Igor · Post by **_Igor** » Tue Mar 22, 2011 10:23 pm

lavkir wrote:Can anyone please share the contact details of the Shadow Minister for Immigration. I have already sent emails regarding the Settlement rule changes to Ed Milliband & Harriet Harman from Labour.

I am also planning to send emails to Human Rights group relating to Immigration. This rule change is denying our basic human right to earn our livelihood in a foreign land. Traffic offences cannot be categorised as being a threat to the society at large. In this country there are so many asylum seekers and illegal migrants who even after committing heinous crimes are allowed to stay and burden the state utilising the taxes paid by us.
If anybody can share contact details for Human Rights and Immigration support groups, would be greatly appreciated.

True. We should draw attention of Shadow Cabinet and Rights Group to this point below. Our (human) rights for settlement should not differ from regugees' rights. This is true violation.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Criminality test
We will reform the current criminality threshold
for settlement to bring it more in line with that for
citizenship (naturalisation) applicants. All migrants
(except refugees) will need to be free of unspent
convictions when applying for settlement. Those
who are not, and have no other legitimate basis of
stay here, will be expected to leave the UK.

mehtasa · Post by **mehtasa** » Wed Mar 23, 2011 10:53 am

Guys this thread is also burning on other immigration boards as well. It seems lot's of people are impacted by this. We need to find out how to launch challenge to this (as group). How previous JR was launched and who was instrumental to challenge this. Can someone with knowledge share light on this aspect?

Many thanks for help.

surajban · Post by **surajban** » Wed Mar 23, 2011 2:34 pm

I got 3 points and 60 pounds fine at road works on motorway and found this information:

Temporary speed limits.
You should note that exceeding a temporary speed limit is a non-endorsable offence. This means that you can only get a fine, but not have any endorsements (points) applied to your license. Of course, like most things in law, there is an exception, and in this case it's national speed limits (ie. motorways and dual carriageways). If you exceed a temporary limit on a motorway, such as in roadworks, or the controlled-speed section of the M25, then it becomes an endorsable offence, ie. points. This information is in some dispute at the moment, but came from a traffic officer undergoing basic traffic training so I have no reason to believe that it's false.

http://www.speed-trap.co.uk/Accused_Hom ... SFines.htm

Post by **geriatrix** » Wed Mar 23, 2011 4:49 pm

mehtasa wrote:Guys this thread is also burning on other immigration boards as well. It seems lot's of people are impacted by this. We need to find out how to launch challenge to this (as group). How previous JR was launched and who was instrumental to challenge this. Can someone with knowledge share light on this aspect?

Many thanks for help.

Applying for judicial review

salmankh4n · Post by **salmankh4n** » Wed Mar 23, 2011 7:24 pm

Hello Everyone,

Maybe this will help some people who still have some time to apply for ILR.

Nacro had started the "Changetherecord" campaign which aims at changing the "Rehabilitation of Offenders Act 1974" and has reducing the rehabilitation period for "Fines" to 1 Year as one of its objectives.

http://www.changetherecord.org/news/gre ... 3,NAP.html

Check the above link, which says that the government is considering on reducing the rehabilitation periods.

Hope this gets approved and implemented soon.

ssoct98@hotmail.com · Post by **ssoct98@hotmail.com** » Wed Mar 23, 2011 7:43 pm

Salman we cant leave it till they review the act,the link which you have given above showing date December 2010,but till now nothing changed.I am much happy if they change it but we cant wait as those whose ILR due needs to apply and for this we better try our best by making group and get legal advice.
The bill is in house of lords on 24/01/2011 don't know when the pass it than it came to parliament Yes its a hope.

ssoct98@hotmail.com · Post by **ssoct98@hotmail.com** » Wed Mar 23, 2011 8:20 pm

Also bill in house of lords and on 3rd phase.
After that 2 more phases left in lords house than it will go to House of parliament and 5 stages there than Finally royal assent looks so that this draft became Law by end this year.(assumption only)
More about this can tell who knows how fast it can be moved from house of lords and commons.

Sushmehta your view on it?

Gopaalan · Post by **Gopaalan** » Thu Mar 31, 2011 1:51 pm

With these new rules different people will be effected in different areas and I guess it's better to unite against the retrospective nature of these rules. That would be better war to fight against and we have heard of earlier success stories (like HSMP JR - which is based on Legitimate expectation & Human rights)

@anoop
Why can't we form a group for all who are affected by the law changes on Apr 6th(rather than for Criminality threshold alone).

York123 · Post by **York123** » Thu Mar 31, 2011 2:53 pm

I agree with Gopaalan

Struggler · Post by **Struggler** » Mon Apr 04, 2011 10:02 am

http://www.ukba.homeoffice.gov.uk/sitec ... -tier4.pdf

Please read the 4th para.

Can anyone explain what they mean by "We are also correcting omissions form the new criminality requirements at settlement and to clarify the application of the new settlement rules to for Highly Skilled Migrant Programme participants"

Post by **geriatrix** » Mon Apr 04, 2011 12:37 pm

Read through the "Explanatory Memorandum" at the end of Statement of changes in Immigration rules (HC 908).

blay1 · Post by **blay1** » Thu Apr 07, 2011 8:30 pm

I wrote to my MP and he has replied to me by saying he has forwarded my request to the HO.I am a bit panicking if this will affect my ILR in june.
Your addvice will be appreciated.

lavkir · Post by **lavkir** » Fri Apr 08, 2011 3:44 pm

I got this repsonse from the Criminality Policy Team, UKBA

Seems there is no hope for applicants with unspent driving convictions.

[quote]Thank you for your e-mail of 6 April.

The Government has stated that it wants to reduce the overall net migration number over the lifetime of this Parliament. They also want to break the link between temporary and permanent migration and remove the perception that a grant of settlement will be automatic.

With regard to your personal circumstances, I understand that you are regretful for what happened. But, in introducing these changes, the Government is more directly responding to the criminal justice system who impose an appropriate penalty, commensurate with the offence in question. The Rehabilitation of Offenders Act 1974 also prescribes how long a person should declare these offences for. Regarding your point about how this is unfair, the Government takes the view that it is perfectly reasonable for them to make amendments to the rules to ensure that in addition to being reasonable and fair, they work for the benefit of the UK. Migrants must meet the rules that are in place at the time when they apply. Again, settlement is not an automatic right.

Moving on to your application, I hope you can appreciate that it would be somewhat irresponsible for me to provide any guarantees either way on how your case may progress, particularly given that it will not be me, personally, who makes the decision on it. However, in terms of the general point you have raised, an application for settlement is unlikely to be successful if you have an unspent criminal conviction. This is now a mandatory refusal under the rules.

You may not need to fulfil this requirement if you are covered by the Highly Skilled Migrants Programme Indefinite Leave to Remain Judicial Review Policy (â€˜the HSMP ILR JR Policyâ€™). Information on the HSMP ILR JR Policy, including who may be covered by it, can be found on our website at: http://www.ukba.homeoffice.gov.uk/sitec ... -09-policy.

Criminality will still be assessed as part of that consideration process, but it will be part of the â€˜character, conduct and associationsâ€™ requirement contained within paragraph 322(5) of the Immigration Rules. A one-off â€œminorâ€

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Petition / legal action - new rules for ILR

Time to organize and take action....

Re: Time to organize and take action....

Written to MP