Migrant Workers: Fraud
The question
To ask the Secretary of State for the Home Department, whether an individual's leave to remain or UK settlement status is subject to review in instances where they have committed UK insolvency offences and is acting as a director while an undischarged bankrupt.
Answered by Home Office
Any foreign national who is convicted of a crime and given a prison sentence is considered for deportation at the earliest opportunity. Deportation will be pursued where a foreign criminal is given a prison or suspended sentence of least 12 months, if their offending has caused serious harm or if they are a persistent offender. Section 5(1) of the Immigration Act 1971 provides that any leave, including indefinite leave, is invalidated when a deportation order is made.
Where the threshold for deportation is not met, the Immigration Rules provide that entry clearance or permission may be cancelled where the person has been convicted of a criminal offence in the UK or overseas for which they have received a custodial or suspended sentence of less than 12 months or more or a non-custodial or out-of-court disposal that is recorded on their criminal record.
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