Around the Campaigns ~ Monday 22nd June 2009
John O | 22.06.2009 07:39 | Migration | Social Struggles | Workers' Movements | World
"Sorry to say they were removed yesterday to Ethiopia (despite being from Uganda).... her friend talked to her in Addis Ababa and she was okay... still waiting to hear from them once they are in Uganda. We went to Glasgow airport Wednesday to leaflet other passengers as a last effort to no avail. .
Anyway, sad news, but two people in to the Centre today have gotten Indefinite Leave to Remain for themselves and their children -- so some good with the bad."
Stephen for UNITY
Background: Sulaiti & Gabriel
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"I'm afraid I have bad news: we've failed, despite an 11th hour effort by Deji's lawyer, and he was returned to Nigeria last night. However, there's good news too. He rang this morning and said he'd got out of the airport - the first hurdle - and is safe so far. We hope to continue to hear from him.
Thanks to everyone sincerely for their generous help.
Carole for Deji Ogundimu Campaign
Background: Third Attempt to Remove Deji Ogundimu
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Important Update: Have you lived in the UK 'illegally' for 14 years?
[Please note this replaces the bulletin issued in June 2007]
Long residence
There is a popular myth that if you have lived in the UK 'illegally' for 14 years or 14 years of any legality or have been here lawfully for 10 years you are entitled to stay. Not so, there are many legal provisos that must be complied with for both categories before residency would be granted.
Long residence used to be a 'concession' outside the 'immigration' rules but now 'Long residence' is part of the Immigration Rules.
Below is the Home Office mandatory instructions to Home Office caseworkers, relating to Long Residence (10 years lawfully, 14 years of any legality ('illegally').
*If you think any of the information below or attached PDF, can be of benefit to you, you must consult a legal advisor. Please do not contact NCADC, we do not give legal advice.
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Long Residence ~ Immigration Directorates' Instructions ~ Issued April 2009
The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here. Paragraphs 276A-D of HC 395 as amended by HC 538 allow settlement to be granted after a period of:
• 10 years continuous lawful residence or
• 14 years continuous residence of any legality
1.1 Background
Until April 2003 there was no provision in the immigration rules for a person to be granted indefinite leave to remain on the grounds of long residence. The Long Residence Concession allowed for a discretionary grant of settlement after 10 years continuous lawful residence or 14 years continuous residence of any legality, provided there were no serious countervailing factors.
Under the provisions of the Nationality, Immigration and Asylum Act (NIA) 2002, which came into effect in April 2003, there is no right of appeal against refusal for those seeking leave to enter or remain under concessionary arrangements. As a consequence the Long Residence Concession was brought within the scope of the immigration rules from 1 April 2003.
Download: Long_Residence_IDI-_final_d1.pdf
End of Bulletin:
Source for this Message:
UNITY
Deji Ogundimu Campaign
UKBA
John O
e-mail:
JohnO@ncadc.org.uk
Homepage:
http://www.ncadc.org.uk