Concessions  -  Leave to Remain Outside the Immigration Rules   Page 3 Copyright Sarah Branson. March 2005 - All rights reserved. No part of this document may be copied or used without the written permission of the author.

Continued

Family Concession October (2003)

From time to time the Home Office announce amnesty to certain groups still waiting Home Office decisions (usually asylum seekers). This concession is a one-off amnesty granting leave to remain to qualifying families.  The deadline for an application under this family concession was 31^st December 2004.

Indefinite leave to remain in the UK should be granted to asylum seekers (and their dependants) who:

-                      claimed asylum before 2 October 2000 (regardless of whether the claim is pending or refused and regardless of the outcome of the appeal or whether limited leave to enter the UK was granted); and

-                      have a dependant aged under eighteen in the UK on 24 October 2003; or

-                      have an only or youngest child who turned eighteen after 2 October 2000 but before 24 October 2003; and

 -                      have no criminal convictions.

 

Enforcement against people with settled spouses

Those who are illegal entrants, overstayers or have breached conditions of their leave when marrying will not normally be removed if:

-                      The subject has a genuine and subsisting marriage with someone settled here and the couple have lived together in this country continuously since their marriage for at least two years before the commencement of enforcement action and it is unreasonable to expect the settled spouse to accompany his/her spouse on removal.

The immigration rules state that a spouse without leave to remain would not qualify by virtue of the marriage.  The usual procedure would require the spouse to leave the country and then apply for leave to enter as the spouse of  a settled person.  This policy removes this need if the couple have remained together for more than 2 years.

 

Other Concessions

Those with HIV and Aids

If strict criteria are met, leave will be given to remain in the UK for hospital treatment.

Carers

There is no specific provision for carers within the immigration rules.  The Home Office does operate a concession to those in the UK on a temporary basis caring for a relative or friend who is seriously ill (such as cancer or AIDS) or who are mentally or physically disabled.   The concession only provides temporary leave to remain while long term arrangements are made.