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Keeping the Home Office updated: Legacy Cases
Mar 26 2011 07:00 AM | Talbots Law in Legacy Cases
The myth that the legacy exercise is an amnesty continues. Unfortunately this myth is causing difficulties for many people who have recently realised that it's a myth when receiving the dreaded letter stating that all their circumstances have been considered but it has been decided that the person has no basis to stay in the UK. I'd like to share with you an enquiry I had recently which shows the importance of keeping the Home Office updated. I recently received an enquiry from someone (let's call him Mr. A) who had received such a letter. I asked Mr. A if he had explained his entire situation to the Home Office. He answered confidently that he had. When I dug a little deeper it transpired that an asylum application had been made five years ago which had been refused. Four years ago Mr. A married a British citizen and since the marriage the couple had two children. The question I immediately asked was whether the Home Office knew about the family (since the dreaded letters are so poor they don't explain what circumstances have been considered!). Mr. A. said that he didn't know. His friends had told him that the legacy exercise was an amnesty and that it was just a matter of time before he had ILR – he should just sit tight and wait. Sadly this didn't happen. Mr. A's case highlights that, if your case is part of the legacy exercise, you MUST keep the Home Office up-to-date with any developments in your private and family life as well as any additional reasons for you needing to remain in the UK. The Home Office won't know if they're not informed and no-one will know exactly what they've considered because they don't tell you in the letter. You also need to keep them updated with any address changes – if you're granted a visa and it's sent to a previous address you might never know you've got the visa! What issues are relevant? Anything that gives a reason for you needing to remain in the UK. This can be anything at all. Think about what ties you to the UK. Think about what you do in your daily life that you would not be able to do outside the UK. Think about the people in your life and the effect that it would have on them if you were not in the UK. Think about any compassionate circumstances. These reasons should all be put to the Home Office. How do I inform the Home Office? You should have details of the team dealing with your case. If you don't, you can find the team by entering your Home Office reference number on the UKBA website: Who is processing my case? Write to the team, with evidence of the reasons that you are putting forward. Use recorded delivery. Wait a few days and make sure you get confirmation that the letter has been delivered. What if the situation has changed in my country or I have new evidence to show that I will be persecuted? This is slightly different. In these circumstances it would usually be best to make further submissions in person at the Home Office in Liverpool. Details of how to do this can be found here: Further submissions. This particular process applies only if your initial asylum claim was made before March 2007. What if I don't update the Home Office? Well, you could find yourself in the same situation as Mr. A. He'll probably be permitted to remain in the UK but he now has the problem of having to inform the Home Office of his situation and explain why he didn't tell them earlier. He will have to wait even longer for a decision. If he had told the Home Office before then he would have probably been granted leave to remain instead of receiving the dreaded letter. In the case of further submissions, as soon as new evidence comes to light or there is a change in circumstances proving your original case or even if a completely new issue arises then you should make further submissions. If you don't, you will be criticised for delay. Do I need a lawyer? As a lawyer you'd probably expect me to say yes. It is entirely up to you whether you instruct a lawyer or not. Having one will help in the sense that the lawyer will advise you on what should be put forward to the Home Office, he or she can do the work for you and deal with the Home Office on your behalf. The lawyer can also make representations on your behalf referring to the law that affects your case. In the case of further submissions, I would always recommend instructing a lawyer. About the author Steve Grosvenor is an accredited immigration lawyer based at Talbots Legal Advice Centre, part of the Talbots group of solicitors which is based in the West Midlands and Worcestershire with offices in Dudley, Wolverhampton, Stourbridge, Kidderminster & Codsall. Talbots is a firm regulated by the Solicitors Regulation Authority. See www.talbotslaw.co.uk for more information about Steve and about Talbots. To make contact with Steve email SteveGrosvenor@talbotslaw.co.uk
Disclaimer: The views expressed in this article are the author's and not necessarily those of UKresident.com or any entity associated with UKresident.com. This article is not checked for accuracy by any qualified immigration consultant or solicitor either represented on this site or otherwise. We will not be legally responsible for any statement made in this article. If you're going through the UK immigration process we strongly advise that you appoint a UK immigration consultant or immigration solicitor to deal with your case.
Thank you for the great advice it is very comprehensive.
I have to add, this is excellent advice from an obviously very balanced lawyer.
Just to add to this, from the UKBA website:
The case resolution directorate has now reviewed all older asylum applications. We are already working to prepare for the end of the programme. A small case assurance and audit unit (CAAU) will be responsible for residual work on:
Case Assurance and Audit Unit Department 87 PO Box 306 Liverpool L2 0QN am so frustrated by the homeoffice
whene exactley you dicide i mean in aug or in july gone be all older case finish ?
HI, I M MUKESH PATEL MY HOME REF. NO P1164991 CAN YOU TELL ME MY FILE STATUS PLEASE
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