case and legacy form

abcdxyz · Post by **abcdxyz** » Wed May 21, 2008 4:17 pm

Me and my family came to UK in December 2002 and we applied asylum here. Our case was rejected and then we were advised by our solicitor to file an appeal against the decision in the high court, which we did. However the decision from the high court was again negative. Meanwhile we received a legacy questionnaire that our solicitor filled and sent to the home office. We have not received any reply from them yet.

Also, after this high court decision from the homeoffice our solicitor told us that he could do a separate case for me and make other brothers and sisters my dependent as I am 19 years old.. and we proceeded with his advise. But again this case is also refused.

- Now, I want to know that whether the decision from the high court will have any effect or impact on the legacy?
- And if we receive a negative decision for the legacy then is there any appeal that we could do against it?
- finally, how much longer do we have to await for the decision because our 9 month has already started since we sent our legacy forms?

Post by **Frontier Mole** » Thu May 22, 2008 2:11 am

If you have had all the options explored in relation to your asylum claims and you have exhausted all your appeal routes there is only two ways of being dealt with. Removed or waiting it out to gain enough years for ILR.

Legacy will not consider your case; your case has already been decided in the courts. I believe you will not hear from the Home Office until they decide to remove you. Thatâ€™s if they ever decide to do that.

What country are you from - that will give a good indication of your removability.

4444 · Post by **4444** » Thu May 22, 2008 1:03 pm

Frontier Mole wrote:If you have had all the options explored in relation to your asylum claims and you have exhausted all your appeal routes there is only two ways of being dealt with. Removed or waiting it out to gain enough years for ILR.

Legacy will not consider your case; your case has already been decided in the courts. I believe you will not hear from the Home Office until they decide to remove you. Thatâ€™s if they ever decide to do that.

What country are you from - that will give a good indication of your removability.

i would have thought most pple getting indefinate stay under legacy are failed asylum seekers. most family i know who receive questionairres and who got indefinate leave to remain were failed asylum seekers like him so i dont think we can rule him out getting indefinate stay under the legacy project

Post by **Frontier Mole** » Thu May 22, 2008 2:28 pm

The initial legacy cases that were dealt with were the ones that were old and mouldy, 7 years plus. Most had children at the time of the asylum claim so ILR was handed out like sweets at Christmas.

The next batch was the 5 to 7 years in the UK. Most are being refused some are being granted. If the asylum claims have already been dealt with it will come down to removability.

Reading between the lines from the OP it seems there are individuals under 18 in the family. That has a bearing as it is usual to grant discretionary leave (DL) until they get to 18. Would need to know a good deal more than the information given in the OP.

Asylum claim in 2002 â€“ this is not going to be an ILR grant in the majority of cases.

4444 · Post by **4444** » Thu May 22, 2008 2:49 pm

yes yu a right they will consider the children . since this project is suppossed to finish in july 2011 i think if the children age would be less than 18 they might give him indefinate stay. do you think for example if someone claimed asylum 7years ago and married a british citizen 3years after claiming asylum and is from a non-removable country will get ilr under the legacy cases if the case is being considered by the legacy department.

Post by **Frontier Mole** » Thu May 22, 2008 3:43 pm

Each case is examined on its own merits. Strictly on the information there is no gain being married to a UK national, the removability angle will depend on the long term prospects for the country of origin?

Zimbabwe is a case in point. No one is being removed at the moment - but if there is a political change etc that would change the perspective. UKBA might start to remove. It is a sure bet no failed ZIM asylum seekers will be given ILR unless they qualify under long residency.

Other countries are different.

4444 · Post by **4444** » Thu May 22, 2008 4:04 pm

Frontier Mole wrote:Each case is examined on its own merits. Strictly on the information there is no gain being married to a UK national, the removability angle will depend on the long term prospects for the country of origin?

Zimbabwe is a case in point. No one is being removed at the moment - but if there is a political change etc that would change the perspective. UKBA might start to remove. It is a sure bet no failed ZIM asylum seekers will be given ILR unless they qualify under long residency.

Other countries are different.

there are a lot of zim failed asylum seekers who got ilr under the case resolution programme. so i think yu a wrong when you say that zim asylum seekers would only qualify for indefinate stay under long residence. also i think there will be a gain being married to a uk citizen becoz they said with the legacy they will take human rights into consideration. if someone is married to a uk citizen then human rights (article

will be involved so they will look at that aswel since this will show strength of connection to the uk . have a look at the example of the grant letter on page 6 of the document below

http://www.dwp.gov.uk/hbctb/circulars/2007/a14-2007.pdf

Post by **Frontier Mole** » Thu May 22, 2008 4:18 pm

Sorry I disagree. A lot of ZIM failed asylum seekers who arrived before ZIM became a visa nation claimed asylum once caught out as long term overstayers. Their HR rights were in place once they claimed asylum as it moved the HR issue onto the current footing - wife kids etc etc. Many got ILR solely on HR.

ZIM asylum seekers post visa entry requirements are not treated in the same way. No one is getting ILR as a matter of course now. Give it a few more years of the current ZIM administration and things might change.

4444 · Post by **4444** » Thu May 22, 2008 4:36 pm

i thought you said earlier that no failed zim asylum seekers will be given ilr unless they qualify for long residence. now you are saying that the once who got indefinate stay came before the visa was introduced. if yu look at my earlier post i said a failed asylum seeker for 7years which means the person came before visas were introduced. visa entry requirements were introduced in nov 2002 thats nearly 6years ago. so do you agree with me that there are some zim failed asylum seekers who got ilr under the legacy cases. so many zimbos claimed asylum before 2002.

Post by **Frontier Mole** » Thu May 22, 2008 4:59 pm

I think we are coming to the same answer if different ways.

I agree that a fair number of ZIM failed asylum cases were granted ILR. These were cases in the system 7 years +

The cases being dealt with by legacy now are cases less than 7 years in the system. Majority are claims since visa restrictions introduced. These individuals have been treated differently. Very few cases have had ILR granted.

4444 · Post by **4444** » Thu May 22, 2008 5:11 pm

thanx for clarifying.

Paulsmith · Post by **Paulsmith** » Thu May 22, 2008 11:17 pm

I agree and also disagree with you both!

check this out

http://www.immigrationboards.com/viewto ... ht=450+000

Paulsmith · Post by **Paulsmith** » Thu May 22, 2008 11:21 pm

these ones are also interesting:

http://www.immigrationboards.com/viewto ... ht=450+000

http://www.immigrationboards.com/viewto ... ht=450+000

hamid84 · Post by **hamid84** » Sat May 24, 2008 10:03 pm

Im probably in the same situation as abcdxyz...

Arrived UK on 6-12-2000. claimed asylum on 11-12-2000.. Refused in Jan 2001, Appealed launched, Refused in 2003...

Fresh claim was made, Refused in 2005... Picked up from Home in Dec 2005 for removal... Were kept in Detention centre for 5 days.. Solicitor made fresh claim but this time made my sisters and dad dependent of my mum, me and my bro seperate as we were both over 18.

Now its been around 2.6 years since all that happend....

Dec 2007, sent SET(O) form to HO to become eligible for 7 years policy for family...

Still waiting for decision.................

We received 20 pages questionaire in November, Filled them and sent off along photos..... No reply from that either.

We have been left over from Legacy case.... Can someone suggest what to do now??

At the time of arrival i was 18, bro was 14, sis was 12, sis was 8....

Would that go in our favour as we all have lived here for long enough...

Thanks

4444 · Post by **4444** » Sat May 24, 2008 10:29 pm

wat was the questionairre yu filled for .was is not a legacy questionairre

hamid84 · Post by **hamid84** » Sat May 24, 2008 10:37 pm

It was not legacy questionaire... Usually legacy questionare does not ask you so many questions but the one we received had so many questions etc full background of my parents....

I know a family who had the same situation as us but was granted ILR last week after receiving legacy questionare..

We were left overrrrrrrrrrrrr why why???

Any suggestions on how to tackle this matter??

4444 · Post by **4444** » Sat May 24, 2008 11:05 pm

yu can call this no 02086041742. yu can ask if yo case is legacy case. if they say no tell them yo situation,they might add yo file to the legacy cases

hamid84 · Post by **hamid84** » Sat May 24, 2008 11:09 pm

thanks 4444... i will do that but can they actually add my family into legacy case manually?

i thought it was all computer generated stuff?

4444 · Post by **4444** » Sat May 24, 2008 11:16 pm

when yu call them they will ask yu and your family's HO reference number ,date of birth and address. so if they cant find yu there they will tell yu to live yo number and they will enquire abt it . it is all done by the computer. so if they feel yo case was suppossed to be a legacy case. they will add yu on on the list and will tell yu the address.

good luck

Paulsmith · Post by **Paulsmith** » Sun May 25, 2008 12:35 am

Hamid, what is your country of origin? has any family member any criminal conviction? Illegal working? driving without driving licence?

4444 · Post by **4444** » Sun May 25, 2008 7:43 am

Paulsmith wrote:Hamid, what is your country of origin? has any family member any criminal conviction? Illegal working? driving without driving licence?

is driving without a licence a criminal conviction. i thought it was a minor offence unless if it was drinking and driving .

hamid84 · Post by **hamid84** » Sun May 25, 2008 11:41 am

Paul, not at all.... We all have been legal in every way...Wish i could drive, wish i could work....

Country of origin is Pakistan.

Are we still eligible for 7 years family policy???

Paulsmith · Post by **Paulsmith** » Sun May 25, 2008 5:39 pm

hamid84 wrote:Paul, not at all.... We all have been legal in every way...Wish i could drive, wish i could work....

Country of origin is Pakistan.

Are we still eligible for 7 years family policy???

Hamid, I'm not sure about the 20 pages questionnaire you mentioned in your posts. Have you heard anything about the clanebohr project? The questionnaire can also be used to verify your details with the embassy of Pakistan to issue your travel documents. I'm really not sure about this. There aren't any different version of legacy questionnaires.

However, on the other hand you shouldn't be removed because of your sister who has been in the UK for more than 7 years. I think you should wait and see what happens.

Are you reporting to immigration authorities since you arrived in the United Kingdom?

hamid84 · Post by **hamid84** » Sun May 25, 2008 6:03 pm

Many thanks for your prompt reply paul... Yes we have all been reporting since 2005 ( when we came back from detention centre ) on monthly basis.

We once were called at Solihull Immigration centre where this lady took finger prints and filled some questionare ( not same as 20 pages ) but was sort of very short... She also mentioned it could help us either sending you back home or grant stay.....

Thanks for giving hope that we should not be removed as my sister is still under age.

I have never heard of clanebohr project so any chance you could throw some light on it?

Once again thanks for all replies.....You can always send me pm if require any more info...

Paulsmith · Post by **Paulsmith** » Sun May 25, 2008 6:24 pm

hamid84 wrote:Many thanks for your prompt reply paul... Yes we have all been reporting since 2005 ( when we came back from detention centre ) on monthly basis.

We once were called at Solihull Immigration centre where this lady took finger prints and filled some questionare ( not same as 20 pages ) but was sort of very short... She also mentioned it could help us either sending you back home or grant stay.....

Thanks for giving hope that we should not be removed as my sister is still under age.

I have never heard of clanebohr project so any chance you could throw some light on it?

Once again thanks for all replies.....You can always send me pm if require any more info...

http://www.refugeecouncil.org.uk/NR/rdo ... a9ba01129a

You shouldn't be removed because of your sister but it also depends on our immigration history etc.

I wish you good luck!

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case and legacy form

case and legacy form