Legacy Cases

[Janit]

There is news that a new directorate is being formed in the Home Office/BIA to deal with the huge backlog of cases awaiting decision. Could anyone shed any light on what it is all about? The Home Office is adamant that it is not an amnesty move.

[Rawling]

Hi Janit,

Can you provide more information. Article or website where you heard about that news.

[sakura]

There is news that a new directorate is being formed in the Home Office/BIA to deal with the huge backlog of cases awaiting decision. Could anyone shed any light on what it is all about? The Home Office is adamant that it is not an amnesty move.

What do you mean by legacy cases? And can you please post your sources so that we know what you're writing about. It is never good to post 'rumours' without sources because it can frighten some people in an already bad situation.

So, please, more info needed.

[Jeff Albright]

That is correct.
The new Legacy Directorate will deal with the long-standing backlog of applications stretching decades back (about 450000 of them to be disposed of within the next 5 years). They are currently resctructuring the Enforcement and Removals Directorate so the new teams dealing with Legacy Cases can be formed.

A legacy case is any case where all of the following apply:

there has been a claim for asylum

the Home Office records indicate that the case has not been concluded

the case is not being dealt with by the New Asylum Model (NAM)

A claim for asylum will include a claim for humanitarian protection or discretionary leave, whether or not a claim for asylum under the Refugee Convention was made.
Cases dealt with by NAM cannot become legacy cases. Similarly, it is not possible for a legacy case to transfer to NAM. (For information on NAM please see the separate information sheet called "New Asylum Model".)

The Home Office have not yet provided comprehensive or clear information regarding legacy cases. However, it seems that legacy cases will include:

cases where the asylum claim remains outstanding

cases where there is an outstanding appeal

cases where asylum has been refused and any appeal dismissed, but the individual remains in the UK

cases where a fresh claim for asylum has been made (a separate information sheet on "Fresh Claims" will be produced shortly)

cases where the individual has been granted some form of leave to enter or remain, but this is limited and may need to be renewed (e.g. an unaccompanied child granted discretionary leave; a person granted discretionary leave for medical reasons)

cases where the individual has been granted 5 years refugee leave or humanitarian protection and may apply for indefinite leave to remain at the end of that period

cases where the individual has left the UK but the Home Office records have not been updated

Home Office legacy directorate
It is intended that, by the summer, there will be 1,000 Home Office staff working in the legacy directorate. They will not all be caseworkers with the authority to make decisions on individual cases. The legacy directorate will work through all the legacy cases.

The Home Office will consider a legacy case concluded when the individual has left the UK or been granted leave to remain in the UK. Working through a legacy case may include dealing with an appeal to the Asylum and Immigration Tribunal. The Home Office will treat a legacy case as closed if they cannot contact the individual, but they will first make what they consider to be reasonable efforts to make contact.

Prioritizing cases
The Home Office have identified four criteria for cases, which they will prioritise. Those criteria are:

cases of individuals who may pose a risk to the public

cases of individuals who may easily be removed

cases of individuals receiving support

cases of individuals who may be granted leave to remain

However, the Home Office have said that it may be difficult for them to assess which cases are priority cases and which are not. They have confirmed they will select cases, so far as they can, according to the criteria. If a case is selected and it is found it does not fall within the criteria for prioritising, the caseworker will nevertheless work it through to conclusion.

Home Office legacy letters and questionnaires
The Home Office have been sending standard letters in response to letters or applications for further leave to remain from individuals who fall within the legacy cases. The Home Office letters have in the past simply stated that the individual's case will be concluded within 5 years. They have now confirmed that the letters will be changed. All cases will be concluded by July 2011. That is 5 years from the Home Secretary's announcement.

Receiving a standard letter does not indicate that a caseworker is actively dealing with the case. It indicates only that the case is regarded as a legacy case. The letter gives no indication when, within the period up to July 2011, the case will be dealt with. Home Office practice has been to send information on making a voluntary departure with the letter. This does not mean the individual should be expected to leave the UK.

When the Home Office select a legacy case, they send a questionnaire to the individual. This means the case is being actively dealt with by a caseworker, and will be dealt with through to a conclusion.

Legacy is not a regularization process
Some people think the legacy questionnaire indicates the Home Office have begun a new 'amnesty' exercise for granting indefinite leave to remain to people in order to clear their backlog. This is not correct. The Home Office may grant leave to remain to some individuals. However, this will only happen if the individual's circumstances meet existing criteria for a grant of leave to remain.

Asking the Home Office to deal with a case
It may be possible to ask the Home Office to treat a case as a priority. Legal advice should be sought before someone asks that their case is treated as a priority. Even if the Home Office do prioritise a case, there is a risk this results in a decision that the person should be removed from the UK.

[sakura]

So, individuals will be assessed and be given leave to remain and NOT ILR/PR or anything longer than a year or two? So, what then...wouldn't it naturally lead to further LTR and then ILR; isn't the point that they recognise one way or another that such individuals are already going to stay here permanently (i.e apply in the long residence category) and won't be leaving now?

[Jeff Albright]

Well I would think that it depends on circumstances of individuals. Families, length of residence, criminal record, career, etc will be taken into account.
Obviously, many of those who do not qualify will bring legal arguments, challenge decision in AIT and will then either be removed or granted leave.

In reference to those hoping to benefit from the 14year rule, I think as long as their cases lie as sleeping dogs, they might qualify but if the cases are pulled out of the store, dealt with and a decision reached, their hopes will end. They will then be either granted leave or asked to leave.