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Further clarification on new criminality threshold under the
"Statement of Changes in Immigration Rules as laid before Parliament on
16/03/11".
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From: UKBA
To: Amit Kapadia
; UKBA
Sent:
Mon, March 28, 2011
Subject: RE: Clarification on the recent "Statement of Changes in Immigration Rules as laid before Parliament on 16th March 2011".
Dear Mr Kapadia
Thank you for
your email of 27 March regarding the forthcoming Immigration
Rules change. The intention is that we would not apply this
new requirement to those covered by the Judgment and are
looking to revise the changes to more clearly reflect this,
prior to the Rule coming in force on
6 April.
Kind regards
Gareth
NEYH Regional
Operational Policy Team
From: Amit Kapadia
Sent: 27 March 2011
To: UKBA
Subject: Re:
Clarification on the recent "Statement of Changes in
Immigration Rules as laid before Parliament on 16th March
2011".
Dear Mr Walker, I need further clarification on the recent "Statement of Changes in Immigration Rules as laid before Parliament on 16th March 2011". It has been brought to our attention that there has been no clarification on the application of the new criminality threshold as it reads in the 245CD: “(a) The applicant must not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974.” I would remind you that the new criminality threshold or any amendments to applications for indefinite leave to remain should not be applied to those who benefit under the HSMP Forum Judicial Review/s. The new criminality threshold requires applicants applying for indefinite leave to remain to be clear of unspent convictions, which was not a requirement for either extensions or Indefinite Leave to Remain for those who were admitted under the HSMP scheme as at 7th November 2006. In my earlier email, I have also pointed out the contents of the court order, which is quite clear http://www.hsmpforumltd.com/hsmpilrjr2courtorder.html . The terms and benefits of extensions and Indefinite Leave to Remain ‘which applied on the date when they joined’ cannot be changed / amended either directly or indirectly. Any new changes applied directly or indirectly by the UKBA which leads to refusal of extension or Indefinite Leave to Remain applications of those who benefit under the HSMP Forum Judicial Reviews will be unlawful and in contempt of the High Court order. I will appreciate if you can clarify this matter at the earliest.
Yours Sincerely,
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