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The Legacy and the Case of the Alleged Amnesty
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Exactly one year ago, on 25 July 2006, then Home Secretary John Reid announced that his officials had found around 400,000 to 450,000 unclosed asylum files found down the back of the sofas at Lunar House, home of the then Immigration and Nationality Directorate, now the Border and Immigration Agency. Oddly, this wasn’t mentioned in the press release, instead it was tucked away in the third bullet point in the box on page 9 of the full report.
These ‘unresolved cases’ soon came to be known as Legacy Cases to most in the sector. The exercise appears to be officially referred to as a ‘case resolution exercise’ in a helpful document that recently but very, very belatedly appeared on the Home Office website.
The immediate effect is that a lot of asylum seekers and ex asylum seekers making applications to the Home Office are being told they are now in a five year queue. This applies whether writing to the Home Office with a fresh application or chasing up on previous unanswered correspondence on already old, outstanding applications. The Home Office letters also say ‘don’t call us, we’ll call you’.
We are now exactly a year into this ‘case resolution exercise’. What has happened? A handful of cases started to received questionnaires from the Home Office early in 2007, and then in the last month or so 6,000 questionnaires have been sent out to ex-asylum seeker families.
Lawyers and campaign groups have been quite definitively told by the Home Office at stakeholder group meetings that there is no asylum or immigration amnesty going on, and this is now confirmed on the Home Office website. The questionnaires being sent out request an update on the recipient’s situation in the UK and question 12 offers an opportunity to provide further information. The Home Office say that those cases that are brought to the front of the queue in this way will be ‘completed’. This means they will, if there is good reason, be granted status or they will be removed. Good reason means a fresh asylum or human rights claim under immigration rule 353, which requires something new and important that wasn’t considered last time around and which creates a realistic prospect of success. For most asylum seekers, this is a difficult requirement to meet and few applications under this rule are successful.
To be clear, unless the recipient of a questionnaire has a good legal basis for remaining lawfully in the UK, there is a very strong chance that they are going to be removed. There is no amnesty, and the Home Office is not exactly known for its compassion.
The questionnaires come with a 14 day return period, rather irritating after some of the recipients have been waiting years and years for the Home Office to make a decision on their case. Anyone who receives a questionnaire would be well advised to return it in within the 14 days and to include anything at all in their case that they think should be considered, including any material or evidence that has already been sent to the Home Office but on which a decision has not yet been received. The Home Office is notorious for failing to link correspondence, so there is no guarantee that a Legacy caseworker will see any material that the applicant may think is already on file.
Lastly, I have heard rumours that some lawyers are taking money from immigrants in order to make an application under the legacy exercise. This verges on criminal in my view, as there is no facility for an ‘application’. The questionnaires are sent to the subjects of the files that have been pulled to the front of the queue. Sending in a copied and then completed questionnaire in the hope that this will prompt a decision on a case is a complete, total, utter and absolute waste of time. The file will not be prioritised as a result of such an attempt and there will be no effect.
However, the Home Office has declared that the following types of case will be prioritised:
i. Cases in which the individuals concerned may pose a risk to the public. These will be a top priority.
ii. Cases relating to individuals who are in receipt of public support (formerly through the National Asylum Support Service).
iii. Cases in which it is likely that a decision will be made to grant leave to enter or remain in the UK.
iv. Cases where the individuals can more easily be removed.
The Home Office has also stated that exceptional or compassionate circumstances could be cited to seek to secure an early outcome, but there is no clear mechanism for this at present. If, as the Home Office suggests, all cases will have a case owner by December 2007, it might then be feasible to correspond with that case owner, however.
Any lawyers who are taking money for ‘applications’ should be taken out and shot.
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23 responses
hi, can any one tell me if this legacy cases are also for single asylum seekers.? i have been here for 8 years waiting for an end for my case. by the way i live with my family too(mother and three siblings), they came one year later after me they were all granted indifinite leave to remain and now they are British Citizens. and me waiting. i feel like ending my life some times which i tried before around 10 months ago. we are nothing but numbers to the home ofice. its very degrading and bad i can not go any where and my family is here why should i leave or should not be able to work develop myself!!! it seams like if we should wait for ever. even solicitors taking us for business one we sign with them they do some work and finish. i am trying to speak to mey solicitor for a month and he is always busy. home office will tell one answer “your application is stil pending”
please i need an answer and direction even my mother(british) do not know where to go!!!
please let us know if there is any thing can help.
i heard of the seven years policy for people here more than seven years and have family ties in the uk will be allowed to stay!! is it true?
Monty, I’m sorry for not replying sooner. I can’t give legal advice through a forum like this, but I think you might be wrong about the seven year policy. There is a seven year policy for children – if they have been living here for seven years, they and their family will usually be granted settlement. There is also a 14 year rule for settlement, which is for adults who have resided in the UK for 14 years or more unlawfully and can prove it.
Sorry.
FM.
hi
i have received questionnaire last juin concerning legacy cases and i have been in UK 6 and half all my freinds who lives here got answer after 1 months and some of them after 3- 4months i’m wondering when i will get answer shall i call the home office to find out or i have just to wait until i receive response from them thx
hi
I am from Afghanistan I have enter Uk on 26 12 2000 and have been refused after one and half years and been granted humanitarian protection leave by court of appeals after 3 years which has expired october 2006.
I have aplied for ILR or extention and I am waiting since for decision
would you advise me on this matter pleas
Hi there Layla, hope you are in good health.
Could you please please please tell me on here some of the questions that the case resolution questionnaire has on it please as my Somali husband is in the same case and we wrote to the home office to send us it although i dont think they will anytime soon!!!
if you want my email, i can give you.
Hi i’am single mother from western sahara ? i been here since 05 my son two and half years old he was born here but i get nothing from nass ( house or money )because they stop why ? my support from my friends . I need help if i can go back to my country i will go now or iam not here i am with my mother since 05 – thanks Bye
Good luck if you received any of these questionnaires, however the deadline is NOT 14 days but 21 Wroking Days. in most cases you are likely to be givenm settlement but if they can remove you and your home country is save, i suggest you don’t fill in these questionnaires, but keep living in the under world.
Hi,I have been living here for 7 yrs and still with no ILR. I am a single male n 28 yrs old.Home office has priorities cases & they intend to go for families before single.Now this isn’t the first time I’m hearing these,everytime there’s been a move to resolve the backlog families come first as if we(singles specially men) are metal made non existing strange creatures who aren’t in need of attention and can stand any condition. the fact that nearly a half of asylum backlog are relatively single,young and working class and the massive economic contribution they can make to the society is always ignored by the authorities and perhaps they intend to give ’em ILR when they’re 60 yrs and ready to retire.This way home office makes sure those class won’t be working when they’re able.Meanwhile I’m not against giving priority to families with kids but I’m just saying this is not the first time HO is doing it, some families been here for 2 yrs and they go before singles and the story continues!!!!! make no sense to me.
hi my is ibrahim i from somalia and i,v been since 2003,i am one of the Uk lagecy cases person ,i dont know really what to say and it is toatally different theUk picture for human rights that i had and what dificult i,v faced here in Uk,furthermore,i also wonder when Uk asylum policy says, somalia,chaina, india, pakistan,nageria,etc have got same periority for asylum rights what soever itis, for somalis we in Uk and we are come from devastated country which we are not going to go back becouse of it’seriouse security setuation and we are under Uk union flag while we are living on streets or begging from people what to eat instead of we work and make contribute,so last question is, is it Uk human rights works like that?
Dear owner of this sate,if you know any human rights organazation or another governmential organazation which can help me please me know thanks and you can contact me by email ro adress which is Glanstone building 2new street dudley dy11ly
Give advice on someone whose claim was finally refused in 2004 after exhausting all appeals, but submitted further representations in form of affidavits immediately; and stopped reporting for fear of being detained, and made a trong fresh claim in 2008. He was ordered by immigration officer from case resolution team south 15 to report to Becket house weekly basis. Does this person have good chances of being granted ILR?
Iyemute, your use of the imperative is charming. I’m afraid I can’t give you or others advice in individual cases, though, as explained on the front page of the blog.
ibrahim, im glad to tell you that my husband received his Indefiate Leave to Remain just week a go. please come to this website called ukresident.com as i have provided information there on myhusbands case and the questions asked on the legacy questionnaire.
I have made an application for further leave to remain after the expiry of my DLR Discretionary Leave for 3 yrs 8 months ago and my case has fallen under Legacy cases. Still no response. I have been living in uk since I was 15 and now i am 24. I lived with no status for 5 yrs as the home office misshandled my file. They granted me DLR soon after my appeal was allowed. is there any way which i can convince them to consider my case quicker.
Thanks
Dear Sir/Madam,
Hi, Iam curious to ask this question.My chidlren and myeself as their mother came here in United Kingdom in 2001 and this year will be the 7 years here in United Kingdom.
Is there any answer for me and my children to be granted here from the Home Office. My husband was granted a British passport last year and became a British Citizen.
My three children started their school since we came here and continiously up to now. Please I am looking forward your answer. Many thanks
Farida Mussa Says:
2 October 2008 at 6:52pm
Dear Sir/Madam,
Hi, Iam curious to ask this question.My chidlren and myeself as their mother came here in United Kingdom in 2001 and this year will be the 7 years here in United Kingdom.
Is there any answer for me and my children to be granted here from the Home Office. My husband was granted a British passport last year and became a British Citizen.
My three children started their school since we came here and continiously up to now. Please I am looking forward your answer. Many thanks
Farida Mussa Says:
2 October 2008 at 6:52pm
Dear Sir/Madam,
Hi, Iam curious to ask this question.My chidlren and myeself as their mother came here in United Kingdom in 2001 and this year will be the 7 years here in United Kingdom.
Is there any answer for me and my children to be granted here from the Home Office. My husband was granted a British passport last year and became a British Citizen.
My three children started their school since we came here and continiously up to now. Please I am looking forward your answer. Many thanks
Farida Mussa Says:
2 October 2008 at 6:52pm
Dear Sir/Madam,
Hi, Iam curious to ask this question.My chidlren and myeself as their mother came here in United Kingdom in 2001 and this year will be the 7 years here in United Kingdom.
Is there any answer for me and my children to be granted here from the Home Office. My husband was granted a British passport last year and became a British Citizen.
My three children started their school since we came here and continiously up to now. Please I am looking forward your answer. Many thanks
hi there
i vr got somr qustion that i would like to ask you and discuss about these matters.
i am here about 4 years since first sesean of 2005.
i already had 2 years resident permit and it s been expired nearlly 14 month now.
i ve applied fro the indefinete visa in this country and i ve just recieved a letter which is mentioned that i have to wait for the homw office decision.
could u give me some information about theses kind of cases which is called lagacy cases ?
thanks.
hi
can anybody advise on legacy case,it says on the letter your case fall into legacy catgory,since jully im waiting,i have son here,i have british wife,my son is 2,can anybody tell me how long they take to take decision on it,its nearly 3.5 months thanks
i have been in uk since 2000.
hi my is eduart i live in uk for 9 years i did sent a questionery to home office and i still have no answer yet i dont know how long this is gonna take please can somebody explain that.