legacy cases 2

salimnina · Post by **salimnina** » Mon Mar 03, 2008 3:56 pm

can anyone elaborate this link, it seems some of the stuff isn't clear

[quote]What to do while waiting to receive a legacy questionnaire?
The BIA Q&A sheet states that individuals should do no more than update the BIA with their
new address and contact details. Beyond this, they should wait to hear from the BIA before
providing any further information that is relevant to their case.
However, the BIA have now informed us that some people may never receive a questionnaire
even though their case is within the legacy backlog. Some people in this backlog may never have
their case considered by the Case Resolution Directorate, which is the part of the BIA that is
responsible for dealing with the backlog.
At present, BIA enforcement may take steps to remove an individual without his or her case
being considered by the case resolution directorate. This may change by next year, but in the
meantime some individuals may be at risk of simply being detained for removal despite never
having received a questionnaire. Removal could take place within only a few days of the person
being detained. (For more information on removals, please see the â€œRemovals & Judicial
Reviewâ€

salimnina · Post by **salimnina** » Sun Mar 23, 2008 2:02 pm

that was

Petana · Post by **Petana** » Sat Mar 29, 2008 10:05 pm

OMG, this has freaked me out completely. My husband applied for ILR and got reply that he will be considered by the BIA. What if he doesn't get questionnaire and they will deport him??? I am so scared and tried talking to him. I am an EEA national who will apply for permanent residency next year.. I know he can apply on EEA2 but he doesn't want to do it.

Guys, what would you advise???

Paulsmith · Post by **Paulsmith** » Sun Mar 30, 2008 4:45 pm

Does your husband have an application or appeal pending? as long as something is pending the removals directorate can't remove your husband. However, if nothing is pending and he is in touch with BIA then he might be removed or granted leave to remain.

If he is not in touch then he should update his address with BIA and wait until the they contact him.

That's all you can do!

Petana · Post by **Petana** » Mon Mar 31, 2008 10:07 pm

Hi Paul, thanks for your response. My husband came from Iraq to the UK in 1999 and applied for asylum. He has not been answered by the HO until 2004 when they refused his application on the fact that Iraq is a safe place now

Anyway, he has appealed and received 3 years discretionary leave. This leave has expired in March 2007 and following his solicitor's advise we applied for ILR. This has been pending for over a year now. The solicitor has asked for an update but we always receive the " standard " answer. We are thinking of getting local MP involved...

If I understand well, as long as he is awaiting decision, they can not deport him...right? What if they reject his ILR, can he still apply for family permit or would he have to leave the country?

thanks, Petana

salimnina · Post by **salimnina** » Mon Mar 31, 2008 11:40 pm

Paulsmith wrote:Does your husband have an application or appeal pending? as long as something is pending the removals directorate can't remove your husband. However, if nothing is pending and he is in touch with BIA then he might be removed or granted leave to remain.

If he is not in touch then he should update his address with BIA and wait until the they contact him.

That's all you can do!

l have a JR pending but stopped signing on every month would l be spared from being deported while lts not solved the other thing; my mp wrote the the H/O and they replied to him with the address l gave though l didnt update lt do you thinq the H/O have updated tt automatically or do l need to notify them in case l need to; how and where to send lt

Paulsmith · Post by **Paulsmith** » Tue Apr 01, 2008 12:00 am

Petana, I think you should wait until the Home Office contacts your husband. You have something pending and until a decision is made they won't remove him.

Salimnina, call the HO and update your address. Are you receiving NASS support? if you JR is pending then you are entitled for NASS support. If you receive NASS support you will come under the defined priorities of the CRD. As far as I know you also have young children. They will resolve your case in the near future if you receive support.
The second thing is you are an absconder and that will have a negative impact on your case. Do you or your dependants have any criminal conviction? When you came to the UK did you have travel documents?

Nothing much can be said and keep in mind that there is no guarantee that you will be granted leave to remain.

asian-girl · Post by **asian-girl** » Tue Apr 01, 2008 3:30 pm

my mum applied assylum in 2003 with 3 children and then stopped signing every month in 2006 because our solicitor advice us not to go, now again in 2007 november we infomed Home office about our address and they asked my mum to come and sign every month, our Nass support was stopped whn she didnt go to sign but now we getting it again, out solicitor asked home office to send us questionnair but they replied back saying questinnairs are not sent on request and our case will be considered through case directoriate, our solicitor have told us we will get quesionnaire within 3 months, Is it true ?

salimnina · Post by **salimnina** » Tue Apr 01, 2008 11:24 pm

Paulsmith wrote:Petana, I think you should wait until the Home Office contacts your husband. You have something pending and until a decision is made they won't remove him.

Salimnina, call the HO and update your address. Are you receiving NASS support? if you JR is pending then you are entitled for NASS support. If you receive NASS support you will come under the defined priorities of the CRD. As far as I know you also have young children. They will resolve your case in the near future if you receive support.
The second thing is you are an absconder and that will have a negative impact on your case. Do you or your dependants have any criminal conviction? When you came to the UK did you have travel documents?

Nothing much can be said and keep in mind that there is no guarantee that you will be granted leave to remain.

we have no criminal records; but when l applied in 1999 l was single now l am married to an over stayer; do you have any number to call the H/O ? or shall l do lt n writing ?

4444 · Post by **4444** » Wed Apr 02, 2008 2:02 pm

the number to call is 02086041742. its on the BIA website. its so hard to get thru but if yu keep trying yu will

salimnina · Post by **salimnina** » Wed Apr 02, 2008 5:51 pm

4444 wrote:the number to call is 02086041742. its on the BIA website. its so hard to get thru but if yu keep trying yu will

is it for legacy cases like me or NAM ? I was told that new cases have their own case owner not old ones like mine !

4444 · Post by **4444** » Wed Apr 02, 2008 6:21 pm

it is for legacy cases. that no is a case resolution directorate number which deals with legacy cases.

goood luck

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