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Legacy Cases

Legacy Cases Immigration – Westkin Associates Immigration Lawyers is a leading legacy immigration law firm situated in the heart of London with practice teams in all aspects of immigration law.

Our leading Immigration Lawyers experienced in dealing the UKBA department who deal with legacy cases -Case Resolution Directorate, also known as the CRD.

We have specialist teams who deal with Legacy cases. Our immigration lawyers also have extensive experience of in getting legacy cases dealt with fast, successfully and with no stress.

Our Immigration Lawyers understand the Immigration authorities’ approach to Legacy cases.

What are Legacy Cases?

As is well known, many of those in the United Kingdom having claimed asylum since before March 2007 are still awaiting final resolution of their cases. Their cases have been moved to a department at the Home Office, called the Case Resolution Directorate (or “CRD”).  These are referred to by Immigration Lawyers as a Legacy Case. Our specialist Immigration Lawyers who have great knowledge in Legacy Cases have put together a Legacy Cases Guide (bottom of the page) to provide you with more information. We know these unsettled immigration cases can lead to stress, uncertainty and worry on the part of the applicant.

We can help.

Using the immigration authorities own policies and internal guidance, our experienced immigration lawyers can:

  1. Provide strong representation to maximise your chances of success. Our aim to is to get our legacy case clients Indefinite Leave to Remain.
  2. To get a result FAST! Our Specialist Immigration Lawyershave experience in getting results in legacy cases in weeks, rather than months or years.

An example of our leading Immigration Lawyers’ current speed is getting a legacy result in 5 weeks.

This can be proven, and our client was so pleased he has allowed us to show prospective clients the letter, with his name removed of course!

What do I do next?

You needed to have claimed asylum before March 2007.

If so, please give us a call or alternatively, complete and send the confidential enquiry box on the left, setting out your problem in detail. Please start with the words “Legacy Cases” in your message. If you are able to include your Home Office reference number, we will be able to contact you as soon as possible with the name of the team dealing with your case at the Home Office.

Please be aware that we charge more than some other law firms for Legacy Cases. We regard this work as being extremely specialist and therefore prefer to take on cases and provide an extremely detailed level of work in order to maximise chances of success. Unlike some other law firms, we do not take on as many cases as possible and hope a few get lucky.

Our standard fee for Legacy Cases is around 1,500 pounds, based on an hourly rate of 150 per hour.

We aim to get ALL our clients Indefinite Leave to Remain and so take time and care to make sure this happens.

If this is the approach you want to your case, contact us today.

Legacy Guide

What is Legacy?

In immigration terms, the word ‘Legacy’ refers to those cases where asylum was claimed by an individual before March 2007 and they have yet to be removed from the UK. This could be due to errors in recording information by the UKBA or there is some action that the immigration authorities are yet to take. Essentially, a decision will be taken to remove or grant Indefinite Leave to Remain to those people who fall under legacy exercise.

In July 2006, the Home Secretary at the time John Reid committed the Home Office to clear such cases within 5 years. UKBA are on track to compete these cases in July 2011, previously they thought they would complete them by March 2011 but this is no longer the case.

Who are the Case Resolution Directorate (CRD)?

In order to deal with the huge number of unresolved legacy cases (estimates of between 400,000 and 450,000 cases at the time) the UKBA created a Legacy team called the Case Resolution Directorate (CRD) to deal with immigration and asylum cases that fall under the immigration legacy exercise.  The aim of the CRD is to complete these cases by July 2011. The Case Resolution Directorate considers each case based on its own merits and is subject to existing policy and law. The CRD are made up of Case Resolution Teams (CRT). Our immigration lawyers are skilled in asylum and immigration arguments to put forward to the legacy team.

Can I make a fresh asylum claim even though I have a legacy case?

Yes you can. The CRD will consider further representation from individuals who already have an asylum claim before March 2007 that was not concluded.  Our experienced immigration lawyers believe that it is best practice to make a combined asylum and immigration legacy application rather than a fresh claim as a successful legacy claim leads to Indefinite leave to remain rather than a shorter period of discretionary leave.

How does the CRD prioritise Legacy Cases ie which cases are dealt with first?

Each legacy case is allocated a case owner who is responsible for processing it through to the end. The line managers of the case owners or workers are informed on which cases to prioritise.  In some cases however, the case worker may speed up a case themselves. Our experienced immigration lawyers will always seek to try and get our cases expedited with reference to the guidelines. They are experienced in dealing with CRT caseworkers. The table below outlines the exceptional circumstances that may allow the fast tracking of a legacy case.

Type of case Reason
Criminality If evidence from case records reveal that the individual has a criminal conviction then an immediate sending of the file to the Criminal Casework Teams in CRD  will occur
The case is subject to a court action A case will be expedited and a decision made quickly if there is a court judgment which requires the BIA to take action on it
Suicide Risk If there is proof of medical evidence that an applicant has a high risk of self harming or committing suicide, after good consideration, a caseworker may decide to speed up a claim
Undertaking previously given to the constituency
MP or in a JR case.
A case can be expedited if the Boarder and Immigration Agency (BIA) have given an undertaking to consider or to make a decision on a particular case and this has not been done and a senior case worker is in agreement.
Medical treatment required abroad If there is medical evidence the applicant or their dependents are suffering from a serious medical condition that would be life threatening if not treated abroad or would have a serious impact on their quality of life. This also applies if treatment is not readily available on the NHS in the UK or if the claimant requiring treatment has no rights to it because of their immigration status. Age is also taken into consideration
Serious mishandling of case (wrong decision, inaccurate facts) If the BIA acknowledges that it has made an incorrect decision and that decision must be put right, then the case may be fast tracked. In this situation an ‘Error’ case has occurred but should not be confused with a ‘mishandled’ case where it is not considered exceptional unless the mishandling was serious or prolonged.
Outstanding asylum case If an initial decision has not been made on the asylum case, a case should be fast tracked by the CRT.
Case out of line with other linked cases In the situation where a case has not been handled in a consistent way with other linked cases, the application may be accelerated. For example, if an applicant is granted further leave to remain, but the same has not been done for dependents.
Allowed appeal  not implemented If, after six months an allowed appeal has not been implemented after the determination, the file should be sent to the Appeals Implementation Unit (AIU) for the grant to be implemented.
Clear and immediate issues of vulnerability Caseworkers should speed up a case where there are issues of immediate vulnerability raised. An example of this is when the claimant is vulnerable to child abuse or domestic violence. These cases must have supporting evidence such as a police CAD number.
Seriously ill close relative abroad In cases where a claimant can show a caseworker proof that they have a close relative who is seriously ill abroad with nobody in the home country to take care of them, their Legacy case can be dealt with quicker. Close relatives are defined as a parent, grandparent, child, grandchild, brother or sister.
Death of a close relative If a Legacy Case asylum seeker wishes to attend the funeral of a close relative

Will an outstanding Legacy Case prevent my removal from the UK?

We have a number of clients who have legacy cases not yet considered by the CRT but are worried the UKBA / Home Office through an immigration enforcement team still has the power to remove them from the UK while they await a resolution of their legacy case. In August 2009, the UKBA made changes to their enforcement guidance which meant caseworkers must assess, on an individual basis, the prospect of removing individuals who have asylum cases pending. In circumstances where UKBA have caused the significant delay (usually 3-8 years depending o the circumstance) in an asylum case, the caseworker must place weight on the delay. What this means is the caseworker must consider how long of a delay UKBA has caused to a case when considering removing a claimant from the UK.  The following are circumstances where caseworkers must place weight on delay:

  • Where an initial application or in time application for further leave has had no response for 3-5 years
  • In situations where families including dependents under the age of 18 have lived in the UK for 4-6 years (3 years in some cases)
  • In circumstances where an applicant has had 4-6 years of residency caused by delays from UKBA (this is usually 6-8 years residence in most cases however)

To simplify things, it is unlikely that an individual who claimed asylum before March 2007 will be removed while awaiting the outcome of their Legacy case.

How does Westkin win Legacy Cases?

Here at Westkin Associates – London Immigration Lawyers, we are very aware how stressful it can be claiming asylum and awaiting a final outcome. Even if you were not successful in your claim and remain in the UK, the stress of having uncertain immigration status can be hard on individuals and families. This is even more so when the initial asylum claim is as far back as 2007 or even before.

This is why our specialist Legacy lawyers maintain a high level of service to our immigration clients in order to have the cases dealt with as swiftly and smoothly as possible.  They have solid experience dealing with the UKBA’s legacy team, the CRD. The following are some of the benefits of choosing Westkin Associates as your representative:

  • We accept payment for Legacy cases in instalments
  • We provide detailed representations –  this  is a legal argument individually prepared in your case that seeks to persuade the UKBA to deal with your case quickly and to grant ILR
  • We separate each type of document separately and create an easy to read collection of documents which assists the UKBA to make a positive decision.
  • We offer a specialist chase up service using email and telephone communication, to ensure our immigration clients get their ILR first and fastest.

Our advice to you is to choose an immigration firm to assist you in applying for Legacy as soon as possible as the UKBA plan to conclude all incomplete cases by summer 2011. Hopefully, Westkin Associates Immigration Lawyers London will be that choice.

 

Westkin Associates

info@westkin.com

17 Hanover Square, Mayfair

London
W1S 1HT
United Kingdom

0207 1184 546

© 2015 Westkin – London Immigration Lawyers

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