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who qualifies for legacy

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bebe2
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Posts: 189
Joined: Fri Jul 25, 2008 5:08 pm

who qualifies for legacy

Post by bebe2 » Wed Apr 08, 2009 9:48 pm

hi all am confused about the legacy stuff. do you need to have asked for asylum years ago or as long as you have been here and you can prove it.
e.g since 2001 first on eea spouse now refused pr, can you then apply under legacy.
hi

PaperPusher
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Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Apr 08, 2009 10:01 pm

hi all am confused about the legacy stuff. do you need to have asked for asylum years ago or as long as you have been here and you can prove it.
http://www.ukba.homeoffice.gov.uk/asylum/oldercases/

Legacy is for people who applied years ago, not people who have been here for years and never made a claim- short answer.

Is your brother considering making an asylum claim? It could undermine any claim, because he did not make it before now, especially if he has had legal advice in the past.

Please get further legal advice about this.

The phrase clutching at straws does spring to mind, especially because you have previously posted that he is happy to go home but wants time to sort out his house and carry on working.

An asylum claim would almost certainly not give him the right to work. He could even be detained under the fast track process if there is a very good chance his claim could be considered and decided quickly.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Last edited by PaperPusher on Wed Apr 08, 2009 10:24 pm, edited 1 time in total.

Thandia
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Posts: 102
Joined: Sat May 27, 2006 1:18 pm

Re: who qualifies for legacy

Post by Thandia » Wed Apr 08, 2009 10:02 pm

bebe2 wrote:hi all am confused about the legacy stuff. do you need to have asked for asylum years ago or as long as you have been here and you can prove it.
e.g since 2001 first on eea spouse now refused pr, can you then apply under legacy.

Applications made before March 2007

This page explains how we are handling older asylum applications, which include most of those made before 5 March 2007. These are sometimes known as legacy cases and are dealt with by the case resolution directorate (CRD).

It is difficult to estimate how many cases are involved. We have previously estimated that there are between 400,000 and 450,000 electronic and paper records, but many of them are duplicates or errors. So this figure is not the number of asylum applicants awaiting a decision.

We define these unresolved asylum cases as ones where an asylum claim has been made and, as yet, the application has not been concluded either because of errors in recording information or because there is still some action we need to take on it.

We have established about forty teams to deal specifically with the older, unresolved paper and electronic case records. We call these the case resolution teams. These teams do not take on new applications, or new evidence for existing applications dealt with by asylum teams in your region(see Process overview).

A substantial number of cases have already been resolved. We aim to conclude all of the incomplete cases by the summer of 2011 and are on track to do so.

This is not an amnesty for individuals whose cases are unresolved. We will consider the cases in same way as new applications, using the same rules to decide whether applicants qualify for permission to stay in the United Kingdom or should be refused asylum and removed from the country. Human rights factors will be part of this assessment.

Each case has been allocated to a case owner who will process it through to conclusion. Initially case owners will check computer records against paper files, correcting data errors and deleting duplicate records.

Then they will check criminal records and any individual who has committed a serious offence will be considered for deportation. The remaining cases will then be considered.

For information on the cases to which we are giving priority, see Which cases will be considered first?

For further information you should contact the case resolution directorate. See the contact page for details on how to do this.

http://www.ukba.homeoffice.gov.uk/asylum/oldercases/[/u]

bebe2
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Posts: 189
Joined: Fri Jul 25, 2008 5:08 pm

Post by bebe2 » Wed Apr 08, 2009 10:46 pm

thanks paperpusher
pls dont get me wrong, he knows he cant apply for asylum that wud be stupid, i was just asking for legacy and wat it meant.
yes he doesnt mind going home dont forget he is been her for over 9yrs and in his late thirties he has to be financially ready to start a new life there.
wat we re trying to prevent is sudden removal. we are also thinking of putting in one for human right or outside immigration rules but dont know how to go about it. we ve met a lawyer who wants £1750 to put in the app. but knowing the chances are so slim i dont think he should pay that much.

sory if my post keep popping up everywhere its out of desperation.
hi

PaperPusher
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Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Apr 08, 2009 11:13 pm

There are other ways to prevent sudden removal, such as UKBA knowing he intends to go home and pay for his own ticket perhaps. If this is what he wants perhaps he could talk to the solicitor about the best way to do this.

Is he reporting and do UKBA have his passport?

It is up to your brother if he wants to put in an application outside the rules. A solicitor would know what his chances and options are better than me.

I am just trying to point out the implications bebe2. I have no problems with your posts!

bebe2
Member
Posts: 189
Joined: Fri Jul 25, 2008 5:08 pm

Post by bebe2 » Thu Apr 09, 2009 3:24 pm

thank you,
the problem is that my brother is very suggestible, his lawyer has just come back from a long trip and is very upset with all that has happened , he want my bro to get a divorce asap and reapply.
i dont know how possible that is.

and yes the ho has his passport.
if he wasnt so trusting of proffessionals e.g lawyers then he could make rational decision ithout me stressing over it.
hi

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