Legacy cases update and explained

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Background
In July 2006, John Reid, the then Home Secretary, gave a commitment to resolvethe backlog of asylum applications within five years. The Home Office are settingup teams within the new BIA to review all asylum cases that fall into the followingcategories
• those who may pose a risk to the public
• those who have been on asylum support for years, and
• those more easily removed from the UK
Each case is decided on its merits. Asylum seekers who are successful nder this exercise are granted indefinite leave to enter/remain xceptionally outside the immigration rules. They can claim income-related benefits including HB/CTB, subject to meeting the normal conditions of entitlement. They are exempt from the
Habitual Residence Test (HRT).
Border and Immigration review of cases
The first phase of this work has started and is expected to be completed by March 2008. In this phase, the BIA decision-makers review asylum applications from families who have been receiving asylum support in the UK for some years.
The second phase starts in January 2008 and includes the following groups• single applicants who have been receiving asylum support
• those who pose a risk to the public, and
• those more easily removed
A customised NINO allocation fastpath is being set up for the Phase 1 cases and so the DCI1LA process is not required. A further (enhanced) NINO allocation fastpath procedure is being developed for Phase 2 cases.
Once the BIA has made a decision to grant ILE/R exceptionally outside the
immigration rules to those receiving asylum support, a further 28 days of support is provided before the person is required to
• find alternative accommodation, and
• make arrangements to support themselves
During this 28 day grace period successful asylum seekers are able to make a
claim for HB and CTB. The BIA issues a NASS35 (termination of support) letter
detailing all the payments made and the dates of the support period. Take into
account asylum support received for any period for which HB and CTB is payable,
including the 28 day grace period.
Customers also need to produce the following documents to confirm their status
• an Immigration Status Document (ISD) (ASL.2150) or Passport endorsed with
ILE/R in the UK and annotated with ‘This leave has been granted exceptionally,
outside the Immigration Rules’
• grant letter from BIA to confirm that they have been granted ILE/R exceptionally
outside the immigration rules
10 A copy of the ISD and grant letter are at Annex A and B.
11 At the beginning of the exercise the BIA issued around 900 customers with ISDs
and grant letters, however, the wording in the letters hadn’t made it clear that the
type of ILE/R granted was leave exceptionally outside the immigration rules. To be
exempt from the habitual residence test the leave has to be ILE/R granted
exceptionally outside the immigration rules otherwise the customer would be
required to satisfy the HRT. The BIA has now taken action to clarify the position for
customers as follows
• those who were originally issued with grant letters and ISDs that state the leave
is ILE/R have been issued with an explanatory letter which makes it clear the
leave granted is ILE/R exceptionally outside the immigration rules. A copy of the
explanatory letter is at Annex C and copies of the original letter and ISD is at
Annex D and E
• those issued with the correct letter but where the original ISD
only refers to ILE/R a supplementary note has been added to the
ISD to make it clear that the leave has been granted exceptionally outside the
immigration rules
12 Provided customers supply the above information when making a claim for HB/CTB
they are exempt from the HRT.
Grant letter:
Indefinite Leave to Enter/Remain grantedexceptionally outside the immigration rules
Our Ref
Your Ref
Date
Dear Title Surname
GRANT OF INDEFINITE LEAVE TO ENTER/REMAIN
Your/ Your client’s case has been reviewed. Having fully considered the information you
have/ your client has provided, and because of the individual circumstances of your/ your
client’s case, it has been decided to grant you/your client indefinite leave to remain in the
United Kingdom. This leave has been granted exceptionally, outside the Immigration Rules.
This is due to your/your client’s include and explain all the factors that relate to the specific
circumstances of the case, taken from the consideration section of the proforma e.g.
strength of connections in the United Kingdom, length of residence in the United Kingdom
and/or compassionate circumstances.
Where there are dependants
Your/ Your client’s dependant/s listed below have been granted leave in line.
Detail all dependants here
Full Name Date of Birth Nationality
This means that you are /you and your dependant/s are/your client is/your client and
their dependant/s are free to stay in this country permanently.
This letter in itself confers no leave to remain in the United Kingdom and does not constitute
proof of your status
Please find enclosed the Immigration Status Document/ Passport for you/ you and your
dependant/s/ your client/ your client and their dependant/s. This has been endorsed with
indefinite leave to enter/remain in the United Kingdom. It is this endorsement that
constitutes proof of your /your client’s immigration status in the United Kingdom.
Case Resolution Directorate (CRD)
Block C, Whitgift Centre
Croydon
CR9 2AT
Option 1
On reviewing your/your client’s case it is noted that you/ they have an outstanding
asylum/other insert details claim. Unless you contact us within the next 14 calendar days we
will assume you wish/ your client wishes to withdraw the outstanding claim.
ENTITLEMENTS
You are/Your client is permitted to work and do/does not need the permission of any
Government Department before doing so. If you/your client does not already have a
National Insurance number, you/he/she must contact the Department for Work and
Pensions in order to apply for one.
Option for family cases only
A National Insurance number (NINO) application form (Form CA5407 / BIA (1)) has been
included with this pack. You /Your client needs to complete this (as does any partner and
any dependant children aged 16 or over) and return the form(s) in the Business Reply
envelope(s) supplied, as quickly as possible. You/Your client should receive a NINO within 7
days of receipt. If required, you/your client should then make any claim to benefits without
delay. The enclosed leaflet on Jobcentre Plus Services offers more advice.
Option for all other cases
Information may be obtained by telephoning 0845 600 0643 between 8.00am and 6.00pm,
Monday to Friday. You/Your client will be required to attend an interview in order to verify
your/their identity and that you/they have permission to work. You/They will need to bring
this letter and Immigration Status Document/ Passport with you/ them to the interview.
Use in all cases
You are/ Your client is free to use the National Health Service and the social services, and
other services provided by local authorities as you need/your client needs them.
Delete POLICE REGISTRATION paragraph if not applicable
POLICE REGISTRATION
You no longer need to report changes of address or other details to the police. Please find
enclosed your police registration certificate endorsed to show that you no longer need to
register.
TRAVEL ABROAD
You may travel out of the Common Travel Area any number of times during the validity of
the leave you have been granted. The Common Travel Area comprises the United Kingdom,
the Channel Islands, the Isle of Man and the Republic of Ireland. On your return, you will be
re-admitted to the United Kingdom without having to obtain fresh leave to enter unless you
have been absent from the United Kingdom for a continuous period of more than two years.
Nevertheless, an investigation into your circumstances may be carried out upon your return
HB/CTB Circular A14/2007
Annex B
Adjudication and Operations circular
November 2007
to the United Kingdom, in order to determine whether or not the leave you have been
granted should be revoked.
DEPENDANTS
If you are the principal sponsor and you are married and/or have children under the age of
18 who are outside the UK the normal requirements of the Immigration Rules regarding
support and accommodation would have to be satisfied to entitle them to join you in the
United Kingdom. If your spouse and minor children wish to apply to join you, they will need
to approach a British Embassy, High Commission or Consulate abroad to make an
application for entry clearance to the United Kingdom. Dependants are required to make
their application before travelling to the United Kingdom.
CAUTION
You should understand, however, that you may not be allowed to remain in the United
Kingdom if, during your stay, you take part in any criminal activities or activities such as
support for or encouragement of terrorist organisations, or you otherwise endanger national
security or public order. You may also not be allowed to remain in the United Kingdom if it is
decided for some other reason that your presence here is not conducive to the public good.
Yours sincerely
Name of caseworker
Case Resolution Directorate
acting on behalf of the Secretary of State

[SYH]

Thanks for the followup additional info, but since this came up, the board has asked others who might be part of these asylum applications to provide for instance a copy of the surveys. Nothing. I hope somebody will be more forthcoming.