Humanitarian protection or ILR - help please

Petana · Post by **Petana** » Mon Jan 14, 2008 9:24 pm

Hiya, this might be a long post so please bear with me. My husband is Iraqi Kurd who came to the UK in 1999. He has applied for asylum on his arrival. He hasn't heard anything from the HO until 2003 when he started chasing his asylum application. This has been later rejected. He appealed again the HO decision in court and received Humanitarion protection in March 2004. He was granted leave for three years. In February 2007 we have applied for ILR and only received reply in September 07 saying that there are 450 000 immigrations pending. We believe that he is one of the legacy cases. He will be in UK for nearly 9 years without a proper status. Most of his friends are British citizens by now, but he was just unlucky and got neglected by HO. We have changed solicitors three times but it's going nowhere. We are loosing hope. We have been married for two years and are both in full time employment. My husband's English is perfect and he has never commited any offence or received benefits. This is just so unfair !! Can I please ask you for your thoughts? What else shall we do? We can not just sit and wait any longer

Many thanks Petra

VictoriaS · Post by **VictoriaS** » Mon Jan 14, 2008 9:36 pm

My thoughts are that he is in fact one of the lucky ones, as he has status, is here legitimately and has the right to work!

I know this is annoying, but may are not granted this leave and are just refused.

Victoria

Petana · Post by **Petana** » Mon Jan 14, 2008 9:43 pm

Hi and thanks for your reply. HO acted unlawfully by posponing more favourable decision in his case. If they had replied to him before April 2003, he would get ELR under the policy for Iraqis at that time. He would be British citizen by now, as the three years on ELR would be followed by ILR and citizenship.
At the moment, his leave expired nearly a year ago He is stuck and can not travel anywhere. His travel document expired and Iraqi embassy is refusing to give him national passport as he can not provide 2 basic documents ( HO took it off him during the interview and despite several requests never returned them back). I would love to go on holidays as we could afford it, but can't. .. so frustrating

Any thoughts please? I am thinking of submitting another letter to Home Office...

VictoriaS · Post by **VictoriaS** » Mon Jan 14, 2008 10:01 pm

Unfortunately not. You need to have a VERY good reaosn to jump the queue.

Victoria

Petana · Post by **Petana** » Mon Jan 14, 2008 10:07 pm

Thank you Victoria. He submitted application for ILR 11 months ago. How much longer can they take to answer it? Do you think that he falls within the scope of legacy case and might have to wait until 2011 for decision? Would he be elegible to apply for ILR based on long residency next year ( 10 years in uk) ? many thanks for your reply

VictoriaS · Post by **VictoriaS** » Mon Jan 14, 2008 10:08 pm

I can't advise on legacy matters. But 11 months is not considered by the Home Office or indeed the Ombudsman to be a long time to wait.

Victoria

Petana · Post by **Petana** » Mon Jan 14, 2008 10:20 pm

I see. Many thanks for your replies. Regards Petra

jimquk · Post by **jimquk** » Tue Jan 15, 2008 8:11 pm

It is possible that the case may be considered under the lagacy case resolution exercise, but that doesn't mean no answer until 2011, many cases will get - are already getting - answers before then.

It is more likely that the case will be considered on its own merits as an ILR application, which will be resolved in due course. Nothing wrong with contacting your MP to try and get some movement on the case, though as has been said 11 months is not considered to be an excessive delay.

As for applying on 10 years long residency, this would not I think be relevant as his existing leave is only in the form of a provisional extension based on an outstanding application. The ten years leave needs to be derived from applications which are ultimately successful. Others will confirm whether this is correct.

I understand about the "unlawful" delay in processing your husband's original asylum application, which should have resulted in a grant of ELR, and subsequently ILR. However, there is little to be gained from this now, it is really mainly of advantage to those who are without status and at risk of removal.

Your husband is indeed fortunate that he is not among those people. Think of the money you are saving now on foreign holidays and the holiday you will have in the future.

Petana · Post by **Petana** » Tue Jan 15, 2008 9:51 pm

Hi jimquk,
many thanks for your reply. We have chased the solicitor today and found out that he didn't contact HO since June 2007. We have requested the copy of the letter and I couldn't believe my eyes when I saw it

English is not my first language and I am not a solicitor but I could have written the letter myself and it would come out better. Can't believe that he only put three sentences where he requested an update and mentioned that his client telephones him often and asks for feedback. That letter must have been written by someone in his team ( the person made mistakes in spelling and grammar

I am so angry and frustrated ! I think I need to get him a new solicitor and get MP involved as you suggested.

If there is anyone in London who could take over his case, please send me the details. Your help is much appreciated.

Petra

Petana · Post by **Petana** » Fri Feb 01, 2008 9:46 pm

Hi, I would appreciate more comments on this matter. Can anyone else please advise?

many thanks

Petra

jimquk · Post by **jimquk** » Fri Feb 01, 2008 11:32 pm

I see from your other post that you are Czech? Are you legally married? If so, and you are here working, as far as I understand you are entitled to be accompanied by your husband. You would need to apply for an EEA family permit. There's lots of stuff on this forum about it. If you are not formally married, an option might be for him to obtain an Iraqi passport and then for you to marry in Czech Republic or in Kurdistan.

Others on here know a lot more about this than me, in particular whether you need to have lived together outside the UK to apply, but this is worth exploring.

jimquk · Post by **jimquk** » Sat Feb 02, 2008 12:02 am

See this link for a somewhat similar case: http://www.immigrationboards.com/viewtopic.php?t=23045

breeze123 · Post by **breeze123** » Sat Feb 02, 2008 12:20 am

I agree with Mr jim, I think you should consider this option because there is absolutely nothing you can do regarding your husband's legacy case other than getting your solicitor or mp to write on his behalf asking for an update on his case. From my experience, BIA would ignore all requests if they are not ready to conclude (make a decision) the case by sending standard letters.
their priority, in the following order, to asylum applicants
may pose a risk to the public;
can be easily removed from the United Kingdom;
are receiving public support; and
may qualify to be allowed to stay in this country.
I am suspecting that your husband had Exceptional Leave rather than Humanitarian protection in the old system.
how long was it for his leave?
Best of luck

Petana · Post by **Petana** » Sat Feb 02, 2008 1:39 pm

Thank you Jim and Breeze for taking time to reply to me.. I really appreciate it. Here are some details: ( sorry for the long post)
1. My husband came to the UK in July 1999 to seek asylum. He never got any response from HO.
2. We met in 2001 when I was on au-pair visa
3. I have left the country in 2003 when my visa expired.
4. After my departure, he involved local MP who managed to get an answer from HO for the first time. This was at the end of 2003 when Iraq was "free" of Sadam
5. They have refused his application on grounds that he can relocate back to Iraq
6. He applied against this decision and went to the court with his barister. We have found out later that he was a trainee who arrived late and didn't know the case at all

HO gave him Discretionary Leave to remain for three years starting Feb 2004.
7. I have returned to the UK in November 2004 after Czech joined the EU. We have both taken on full time jobs since. I have applied for my residency card after I completed one year with my employer.
8. We got married in October 2005 after successfull application from HO
9. His ELR expired in Feb 2007 and our solicitor advised to apply for ILR.
10. He received letter in two months time saying that HO is dealing with 450000 cases and will get back to him before 2011.

I have done some research and thought that applying EEA family permit would be a good option. However, I have only been in the UK for 3 years and will need to complete another 2 years before I can apply for ILR. Our solicitor advised that this is a very long time and that my husband should wait for HO decision with regards to his ILR application. However, the solicitor called him last week saying that he should take a legal action against HO for abanding his case and loosing out on more favourable decision that applied to him when he asked for asylum. My husband wants to go ahead but I think that the solicitor just wants our money and it will take ages and the result is unsure..

I think I covered it all

Can you please advise?

many many thanks, Petra

jimquk · Post by **jimquk** » Sun Feb 03, 2008 11:04 pm

Here is something else that may help you - perhaps it is what you mean by taking legal action against the Home Office: http://www.ncadc.org.uk/resources/before2001.html

You shouldn't have to pay a solicitor to make such a claim as far as I can see. However, I think the EEA family permit is likely to be a quicker and more certain route. I think you need to find a good immigration solicitor to go over all the options. There are some really good legal professionals that come on here - they're obviously busy just now - but look out for responses from Amanda Jones and Victoria.

At least I think you should feel confident that you will get a good result in time.

breeze123 · Post by **breeze123** » Mon Feb 04, 2008 12:02 pm

Based on the information you provided me, you husband DIDN'T QUALIFY FOR ASYLYUM. He was granted discretionary leave to remain ( so lucky). (I know many iraqi kurds living in limbo for years and some of them came in 1998). Therefore, BIA gave him a protection in his case ELR. The Afhgani who won the Court of Appeal 20th June 2007 never had any leave before. came from Afghanistan and applied for asylum on 17th September 1999 but was not interviewed
until 12th March 2004. On 16th March his claim was refused. A subsequent appeal was rejected by the
Immigration Appeal Tribunal in June 20043. On 11 October 2004 he applied for discretionary leave to
remain in the UK. This was refused on 3 November 2005. He subsequently sought judicial review. Lord Justice Carnwath thus ordered â€œthat the case be remitted to the Secretary of State to redetermine
in the light of this judgment, with the expected consequence that the claimant will be granted ILRâ€

Petana · Post by **Petana** » Mon Feb 04, 2008 7:55 pm

Thank Jim and Breeze for your replies. I read the links provided... I might get in touch with another immigration advisor and seek another opinion. I can't believe that most of my husband's mates came to the UK at the same time as him and have British passport for years now. They were just lucky to get the "blanket" ELR right away, well before 2003. Thanks for your time guys. Petra

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Humanitarian protection or ILR - help please

Humanitarian protection or ILR - help please