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Changes to UK Border Agency guidelines regarding Legacy cases
The UK Border Agency recently made changes to their Enforcement Guidance and Instructions which can potentially affect those people caught within the legacy backlog. The amended guidelines provide for consideration to be given to ‘residence accrued’ as a result of UKBA delays. The guideline states that where a delay is particularly significant, it can be considered as a contributory factor to grant leave (see case of Court of Appeal judgement in HB (Ethiopia) & others v SSHD [2006] EWCA Civ 1713).
Initial in time applications
Applicants who have made in time applications and who have been subject to a delay of 3-5 years as a result of UKBA can expect Home Office caseowners to place significant weight on this fact as a contributing factor.
Family cases
Where families have resided in the UK for a considerable period as a result of UKBA delays, Home Office caseowners are expected to place significant weight on this when considering the application. A three year delay period may be considered significant although this is more likely to be a delay of 4-6 years. Caseowners are especially expected to consider dependant children under the age of 18 who have been residing in the UK with their families and who have been subject to a delay of between 4-6 years.
Other cases
Where UKBA has contributed to a significant delay in other cases, the period considered to be ‘significant’ can be 4-6 years although it is more likely to be a period of 6-8 years.
Regard will be had to the personal conduct of applicants including their character, conduct and employment records along with the usual considerations as follows:
· Age
· Length of residence in the UK
· Strength of connections to the UK
· Personal history, character, conduct, employment records
· Previous criminal records/nature of convictions if any (as above)
· Compassionate circumstances
· Any representations received on the applicants behalf
The relevant changes can be found in full at:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/detentionandremovals/chapter53?view=Binary
Consequences of changes?
At Ergen and Sharif, we are hopeful that the new changes will deliver more positive responses for applicants in the legacy backlog. Applicants who feel that they may fall within the new changes should contact us for a case specific evaluation.
Applicants who feel that they have exceptional circumstances so that their case should be prioritised should also contact our lawyers to discuss the best way to progress their case with UKBA.
Our lawyers can be contacted on 0207 569 3035 or alternatively at info@ergensharif.co.uk
Date: 12 / 10 / 2009
Relaxation of Immigration Rules to allow 40,000 asylum seekers to stay in the UK
It has recently been reported that the Home Office may be granting indefinite leave to remain for some 40,000 asylum seekers in the UK who would not ordinarily be eligible for settlement. The 40,000 asylum seekers are said to be among the 450,000 legacy cases which were originally expected to be cleared by 2011 although this remains doubtful.
Home Office Ministers having realised the difficulties in returning some applicants from poorer countries such as China, Iran, Somalia and Zimbabwe where there are serious human rights abuses, have decided to ‘secretly’ relax the rules in order to allow these asylum seekers leave to remain in the UK.
Minister of State for Border and Immigration Phil Woolas has confirmed that ‘There is no amnesty’. He stated that the guidance was issued in a bid to aid case workers and to avoid drawn out court battles. He maintained that law breakers would not be granted leave to remain in the UK and that each case would be considered on its individual merits. For the government response please click here.
The Home Office confirmed that changes to the Immigration Rules (specifically rule 395C) were made in August of this year.
Date: 9th October 2009
Lin Homer , the chief executive of the UK Border Agency told the MPs that the UK Border agency have so far examined 197.500 cases of the 450,000 Legacy cases and there has been a 32 per cent approval rate on Human Rights grounds.
Date: 01:09.2009
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