Following Brexit an immigration crackdown on overseas offenders could see foreigners with a criminal conviction in the past year banned from entering the UK.
The Home Secretary Priti Patel has widened her planned UK ban on criminals jailed for more than a year to include people from the EU and non-EU countries with less serious convictions. The current EU rules only allow immigration officials to ban anyone who poses "a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society".
Taking effect on Jan 1st the new rules will bar all foreign criminals sentenced to at least a year in jail from entering the UK. A first-time foreign visitor coming to the UK who has been jailed for less than a year will also be barred. Any visitor or new arrival who has a non-custodial sentence in the previous 12 months, such as a drink-drive conviction, could be denied entry.
An overseas criminal with a sentence of under 12 months, but who has ties to the UK, could still be barred, but immigration and border officials will deal with them on a case-by-case basis. The Home Secretary will also reserve the right to bar persistent offenders or anyone whose presence in the UK "is not conducive to the public good".
The Home Secretary said, "For too long, EU rules have forced us to allow dangerous foreign criminals, who abuse our values and threaten our way of life, onto our streets. The UK will be safer thanks to firmer and fairer border controls where foreign criminals regardless of nationality will be subject to the same criminality rules."
The Home Office cited cases of a non-resident EU citizen jailed in 2010 for eight years for rape, who could under current rules be admitted because they had not offended since. Under the new law change, they could be banned from entering the UK.
Collings Solicitors
Altrincham