Skip to main content

Our mission is to support & advocate for people with criminal records to be able to move on positively in their lives. Find out more

Immigration and nationality decisions are now exempt from the ROA

As of the 1st October 2012, changes made through the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (s.140 in particular) mean that immigration or nationality decision making, including initial decisions and any subsequent proceedings, are exempt from the Rehabilitation of Offenders Act 1974. This means that spent convictions can also be considered as part of these processes. This includes convictions obtained before October 2012.

It does not, however, affect any proceedings which began before October 2012 (or decisions made but not finally determined).

Please note: At the time of writing, the UKBA’s website has yet to be amended to reflect the above changes, and hence references to the ROA still remain in our own information above. This will be amended in due course, in line with changes to the UKBA website. It is possible, for example, that the UKBA will set their own guidelines for disregarding certain convictions. Check out our Coming to the UK section for the last information.

All these changes mean is that the UKBA now has the freedom to take into account spent convictions. The UKBA are yet to publish their own guidelines on how they intend to put this possibility into operation.

A useful article on this change is available from the Immigration Lawyers Gherson.

Comments

Add Comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Photo of Head of Advice, Debbie Sadler
Debbie Sadler
Head of Advice

Do you need help & support with an issue you’re facing?

We provide support and advice for people in England and Wales who need guidance with either their own, or someone else’s, criminal record.

Please use the search box to start typing your issue. If you cannot find an answer to your problem then you’ll be given options to contact us directly.

Find out more about the helpline

We want to make sure that our website is as helpful as possible.

Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

Was it easy to find what you were looking for?

Thank you for your feedback.

12 million people have criminal records in the UK. We need your help to help them.

Help support us now