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Settled status for EU citizens in the UK


Settled status for EU citizens in the UK

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Harmless
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BenS - 10 Sep 18 8:16 AM
Yankee - 8 Sep 18 8:57 AM

At least they seem to be allowing for RoA type rules to be applied i.e. only declare those convictions you would be required to in your home country.  Given the EU countries in  general have far greater privacy rights and require far less disclosure, this should be a positive for EU nationals settling in the UK. It will obviously be very interesting to see what approach is agreed (assuming a Brexit deal of some shape) is applied by the EU countries to UK nationals seeking settled status there.

Applicants (over the age of 18) are required to provide information about previous criminal convictions in the UK and overseas, and are only required to declare overseas convictions which appear in their criminal record in accordance with the law of the State of conviction.



Indeed.

I worked in Germany for a year. The police certificates there only disclose custodial (not suspended) sentences exceeding 2 years that have been handed down in the last 5 years. Nothing else is disclosed (except for sensitive roles equivalent to enhanced DBS here).

In the nick, there was talk of the SOR being scrapped in Germany followed by an 80% drop in accusation rate.
Edited
6 Years Ago by Harmless
AB2014
AB2014
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Normallife - 10 Sep 18 12:00 PM
It's a shame that our country is so backwards when it comes to rehabilitation in contrast to other European countries. In most European countries, criminal background checks only show recent convictions. In fact, companies are prevented from asking applicants about their criminal histories unless the job role requires it- a sensitive role such as working with children or in important financial positions. There's no concept of spent and unspent. There's no waiting around for years for a conviction to become spent like in the UK just so you can apply for some basic entry level job and answer no when they ask about unspent convictions. In the UK, most companies always ask about unspent convictions even when there is definitely no need for that question to be asked. We need to push further on the ROA and make sure it's fit for purpose- or preferably get rid of it completely and prevent companies from asking about convictions unless it's essential for a sensitive position. Other European countries ensure most companies can't ask about convictions, why can't the UK do the same. 


Why can't the UK do the same as other EU countries? Because tabloid editors won't let them. It's what press barons call democracy. Regarding BenS's information on the likes of Germany, the ironic thing is that if they report the conviction back to the UK authorities, they will then keep it on the PNC until you are 100. I think that's what John Major called a "twin-track EU". Angry

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Normallife
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It's a shame that our country is so backwards when it comes to rehabilitation in contrast to other European countries. In most European countries, criminal background checks only show recent convictions. In fact, companies are prevented from asking applicants about their criminal histories unless the job role requires it- a sensitive role such as working with children or in important financial positions. There's no concept of spent and unspent. There's no waiting around for years for a conviction to become spent like in the UK just so you can apply for some basic entry level job and answer no when they ask about unspent convictions. In the UK, most companies always ask about unspent convictions even when there is definitely no need for that question to be asked. We need to push further on the ROA and make sure it's fit for purpose- or preferably get rid of it completely and prevent companies from asking about convictions unless it's essential for a sensitive position. Other European countries ensure most companies can't ask about convictions, why can't the UK do the same. 


BenS
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Yankee - 8 Sep 18 8:57 AM

At least they seem to be allowing for RoA type rules to be applied i.e. only declare those convictions you would be required to in your home country.  Given the EU countries in  general have far greater privacy rights and require far less disclosure, this should be a positive for EU nationals settling in the UK. It will obviously be very interesting to see what approach is agreed (assuming a Brexit deal of some shape) is applied by the EU countries to UK nationals seeking settled status there.

Applicants (over the age of 18) are required to provide information about previous criminal convictions in the UK and overseas, and are only required to declare overseas convictions which appear in their criminal record in accordance with the law of the State of conviction.



Indeed.

I worked in Germany for a year. The police certificates there only disclose custodial (not suspended) sentences exceeding 2 years that have been handed down in the last 5 years. Nothing else is disclosed (except for sensitive roles equivalent to enhanced DBS here).
Yankee
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AB2014 - 6 Sep 18 9:43 AM
AB2014 - 30 Aug 18 8:40 AM
Yankee - 29 Aug 18 2:42 PM
The government have just started trialling their new system for EU migrants to register and get settled status in the UK ahead of Brexit.

They have included a check for a 'serious criminal record' in the process.

Of course, there has been no information about the definition of 'serious' and what the impact will be of a serious record (simply not given settled status, being evicted from the UK,...?)

Likewise, no guidance on whether this is a check against UK PNC records (so only throws up convictions in the UK), whether it checks against the person's home country (via ECRIS?) or whether checks against watchlists such as SISII.

The likes of the Daily Mail are always concerned about 'overseas criminals'. It would be ironic if all those criminals who settled in the UK and haven't been convicted of a serious crime once here are allowed to settle as we only have access post-Brexit to our own records.

Or maybe it's a cunning plan to deny settled status to EU migrants by blaming it on other countries not providing criminal record information. Having said that, if ACRO can issue police certificates for immigration purposes, I'd imagine other EU countries have an equivalent procedure.

The government's guidance for caseworkers is now available here. Criminal records are mentioned, but not in any detail. It's a private pilot so far, so it's only in one area and only one employment sector. They also have some other advice for EU citizens and their families here. Not much detail on that, either, and the information on UK nationals in the EU is a bit light - you can find it here. Nothing but speculation on travelling to the EU/EEA, though.

At least they seem to be allowing for RoA type rules to be applied i.e. only declare those convictions you would be required to in your home country.  Given the EU countries in  general have far greater privacy rights and require far less disclosure, this should be a positive for EU nationals settling in the UK. It will obviously be very interesting to see what approach is agreed (assuming a Brexit deal of some shape) is applied by the EU countries to UK nationals seeking settled status there.

Applicants (over the age of 18) are required to provide information about previous criminal convictions in the UK and overseas, and are only required to declare overseas convictions which appear in their criminal record in accordance with the law of the State of conviction.



AB2014
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AB2014 - 30 Aug 18 8:40 AM
Yankee - 29 Aug 18 2:42 PM
The government have just started trialling their new system for EU migrants to register and get settled status in the UK ahead of Brexit.

They have included a check for a 'serious criminal record' in the process.

Of course, there has been no information about the definition of 'serious' and what the impact will be of a serious record (simply not given settled status, being evicted from the UK,...?)

Likewise, no guidance on whether this is a check against UK PNC records (so only throws up convictions in the UK), whether it checks against the person's home country (via ECRIS?) or whether checks against watchlists such as SISII.

The likes of the Daily Mail are always concerned about 'overseas criminals'. It would be ironic if all those criminals who settled in the UK and haven't been convicted of a serious crime once here are allowed to settle as we only have access post-Brexit to our own records.

Or maybe it's a cunning plan to deny settled status to EU migrants by blaming it on other countries not providing criminal record information. Having said that, if ACRO can issue police certificates for immigration purposes, I'd imagine other EU countries have an equivalent procedure.

The government's guidance for caseworkers is now available here. Criminal records are mentioned, but not in any detail. It's a private pilot so far, so it's only in one area and only one employment sector. They also have some other advice for EU citizens and their families here. Not much detail on that, either, and the information on UK nationals in the EU is a bit light - you can find it here. Nothing but speculation on travelling to the EU/EEA, though.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

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Yankee - 29 Aug 18 2:42 PM
The government have just started trialling their new system for EU migrants to register and get settled status in the UK ahead of Brexit.

They have included a check for a 'serious criminal record' in the process.

Of course, there has been no information about the definition of 'serious' and what the impact will be of a serious record (simply not given settled status, being evicted from the UK,...?)

Likewise, no guidance on whether this is a check against UK PNC records (so only throws up convictions in the UK), whether it checks against the person's home country (via ECRIS?) or whether checks against watchlists such as SISII.

The likes of the Daily Mail are always concerned about 'overseas criminals'. It would be ironic if all those criminals who settled in the UK and haven't been convicted of a serious crime once here are allowed to settle as we only have access post-Brexit to our own records.

Or maybe it's a cunning plan to deny settled status to EU migrants by blaming it on other countries not providing criminal record information. Having said that, if ACRO can issue police certificates for immigration purposes, I'd imagine other EU countries have an equivalent procedure.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Yankee
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The government have just started trialling their new system for EU migrants to register and get settled status in the UK ahead of Brexit.

They have included a check for a 'serious criminal record' in the process.

Of course, there has been no information about the definition of 'serious' and what the impact will be of a serious record (simply not given settled status, being evicted from the UK,...?)

Likewise, no guidance on whether this is a check against UK PNC records (so only throws up convictions in the UK), whether it checks against the person's home country (via ECRIS?) or whether checks against watchlists such as SISII.

The likes of the Daily Mail are always concerned about 'overseas criminals'. It would be ironic if all those criminals who settled in the UK and haven't been convicted of a serious crime once here are allowed to settle as we only have access post-Brexit to our own records.
GO


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