连接在这里(第一项就是):
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/42-settlement
Changes to settlement from 6 April
16 March 2011
Subject to Parliamentary approval, the rules for settlement in the UK will change on 6 April 2011.
We will tighten the current settlement criteria by introducing the following changes:
A new criminality threshold. Applicants will need to be clear of unspent convictions when they apply for settlement.
A new income requirement. Tier 1 (General) migrants will need to meet the same income criteria that applied when they last extended their permission to stay in the UK. Migrants who have been in Tier 2 (General) or Tier 2 (Intra company transfer), or who have held work permits, will need to be paid the appropriate rate as stated in our codes of practice.
Reform of the English language requirement. Migrants in Tier 1, Tier 2 and their precursor routes will need to pass the Life in the UK test rather than an ESOL with citizenship course. Transitional arrangements will apply.
An accelerated route to settlement for Tier 1 (Investor) and Tier 1 (Entrepreneur) migrants who meet enhanced criteria.
大家想想办法怎么对付吧!
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更新影响十年永居的条文
第一段是目前10年的rule:
Requirements for indefinite leave to remain on the ground of long residence in the United Kingdom
276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom; or
(b) he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom; and
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:
(a) age; and
(b) strength of connections in the United Kingdom; and
(c) personal history, including character, conduct, associations and employment record; and
(d) domestic circumstances; and
(e) previous criminal record and the nature of any offence of which the person has been convicted; and
(f) compassionate circumstances; and
(g) any representations received on the person’s behalf; and
(iii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Indefinite leave to remain on the ground of long residence in the United Kingdom
276C. Indefinite leave to remain on the ground of long residence in the United Kingdom may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 276B is met.Refusal of indefinite leave to remain on the ground of long residence in the United Kingdom
276D. Indefinite leave to remain on the ground of long residence in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276B is met.
这一部分是新rule的修改部分,可以看出新条例已经把“ the applicant does not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974”单独列出为一部分强调重要性了,旧条文虽然也会考虑previous criminal record,但只不过是taking into account,现在这已经被更严格的新条文所取代。
in paragraph 276B(ii), delete “(e) previous criminal record and the nature of any offence of which the person has been convicted; and”.
after the renumbered paragraph 276B(ii)(f) insert:
“; and
(iii) the applicant does not have one or more unspent convictions within the meaning of the rehabilitation of offenders act 1974.”.
最后魔头我把关于FIXED PENALTY NOTICE 贴出来,先说说什么是FPN
Notices of Opportunity to Pay a Fixed Penalty / Penalty Notices (FPNs) can be issued by local authority officers for certain offences where the legislation permits and where the officer is authorised to do so. These notices provide a quick, visible and effective way of dealing with low-level crimes, and an alternative to prosecution.固定的罚款/罚款通知书(定额罚款通知书)可以通过对某些犯罪地方当局的官员发出,立法部门允许或授权当局人员这样做。注意这往往都是对于低层次的犯罪行为的快速,明显和有效的方式,以及检控以外。这里的FPN指的超速被拍,罚款60,或者影响环境,罚款50。并不涉及上庭的传票等。
A fixed penalty is not a fine. Payment of the penalty by the recipient discharges there liability to conviction for the offence for which the FPN was issued. It does not constitute an admission of guilt, but removes the possibility of the creation of a record of criminal conviction.
From 06-April-2011, applicants will need to be clear of unspent convictions when they apply for settlement.
Statement of changes to the Immigration Rules (HC 863)
Criminality requirement for settlement applications - proposed guidance from 6 April 2011
Since FPN is a “common” issue that people may not have clarity on, the following should help:
Criminality requirement for settlement applications - proposed guidance from 6 April 2011 wrote:
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.