i havebeen to uk since 2000 but i have a criminal conviction

[julian77ukuk]

hi everyone , i have been to uk since february 2000 , in 2006 i got my ILR , in 2008 i got in to a fight an i was charged with GBH with intend which iam not really proud of , and i was sent to prison in june 2009 for 30 months wich i served half of it , while in prison HO has tried to ban me from uk and deport me back to romania but i won the case in the immigration court so i have remained in uk , my question is :
1.do i have any chances to get the citizenship after what i put my self through

2.what it my status in the uk now after romania joined the EU in 2007, its my ILR still valid ?, and let say if i am not eligible for naturalization where do i stand ,for the next years to come , what my statutory right will be in the future ?

thanks

[Amber]

See the FAQ (click):

Imprisonment of between 12 months and 4 years = refusal for 15 years from the end of the sentence

Even once 15 years has lapsed you could still be refused, GBH with intent is the most serious of the offences against the person, it can carry a life sentence.

I'm surprised you weren't deported, if you weren't an EEA national you almost certainly would have been.

[VR]

julian77ukuk,

Looking at your case I wonder if you have seriously introspected on whether it is worthwhile continuing in UK.

=Everything will work against you till you die once you get a criminal record.

The Home office is exempt from the laws of the land when it comes to Immigration decisions and you have no right of appeal. Given the scale of the offence your chances are bleak as Amber has kindly pointed out.

Now every sundry job requires a DBS check even if it is a back office job not involving anything with children or old people.

In the name of protection, a huge racket thrives and no body gives a damn even if your offence was the only offence in life,what you have done post the offence to put your life back on track or for the matter the circumstances that caused you to flip and do what you did.

Its a holier than thou, class divisive, throw the book environment, where rhetoric, a false sense of morality and hypocrasy rules. Your skills acquired or past track record before the offence have no bearing or use in your life and once damned you are forever damned.

I empathise with you and exhort you to make a conscious choice whether you want to continue in this environment depending on state handouts or seek a more productive life elsewhere. Choice is difficult and entirely yours.

And last word if you are expecting a rehabilitation revolution, just forget it, it will not happen in one lifetime as these politicians are concerned only about finite votebanks and not an unfortunate minority to which you belong.
cheers
vr

PS: And you are lucky that you have not been deported as post 2010 a new law was passed where secretary of state automatically has the right to deport any migrant who has been sentenced to a period of 12months and for EU citizen if the sentence of imprisonment is 2years. I guess they could not apply this law retrospectively on you since the conviction happened in 2009.

[Ayyubi72]

2.what it my status in the uk now after romania joined the EU in 2007, its my ILR still valid ?, and let say if i am not eligible for naturalization where do i stand ,for the next years to come , what my statutory right will be in the future ?

thanks

[Amber]

Most employers cannot get a DBS check, but rather a basic check (disclosure Scotland), this will only show unspent convictions (such a custodial sentence will be spent after 10 years). Unfortunately, for certain jobs that require a Standard or Enhanced DBS certificate, a custodial sentence will never be filtered and will also be taken into consideration, failure to disclose for such jobs will be, prima facie, taken as dishonesty as the employer is required to be informed of such information by virtue of The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013.

[VR]

Dear Amber,

The practises adopted by companies and recruiters these days is contrary to the principles or the original intent of the legislation. It is a monster gone awry.

While you say most employers can only get a basic check, these days even before the application reaches the door , recruiters and companies take a blanket approval for undertaking whatever checks as they deem necessary.

Recently an aquaintance showed me a form mailed to him. I told him he was an accountant and it was illegal for the recruiter to expect him to electronically accept to checks which in theory were not applicable for a back office job.

The second point was even if he were to work for the NHS, his job involved no interaction with children and vulnerable adults and his conviction was being twisted to deny him his legitimate human rights in the name of protecting the vulnerable. And that too for community sentence.

I have researched this subject and can write a book on how the law is twisted in England. The home office has their own interpretation, the ROA has a different interpretation, each one has their ''own interpretation'' and that is the biggest problem, when Law should be uniform.
cheers
vr

[MattSule]

I have read everyone's comment passionately and I kind of agree to an extent the views expressed.

Yes, his crime was bad but I believe he can still build a life for himself. Why do we always think that working for someone is the only way out? Mohammed Alfayed has always been denied BC but he's successful.

My point is that once you've genuinely repented and sought the appropriate help you can get your life back.

You don't have to be a BC to make it in life but always live a good and law abiding life

[Amber]

If an employer asks about a warning, reprimand, caution or conviction which would be filtered under The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 they may be acting unlawfully. You can answer no to the questions.

[julian77ukuk]

Thanks for your comments , until now this conviction hasn't been affecting me at all , I suppose yeah I was lucky not to be deported cs the links I have with UK . But I know in the future it will have a negative impact on me.
Thank you again