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Todate 16,870 Families have benefited from the Family Amnesty Posted Tue 22 Nov 2005
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"Family Amnesty" - Basic criteria of the concession

*1) The initial claim for asylum must have been made before 2nd October 2000.

*2) The applicant had at least one dependant aged under 18 (other than a spouse) in the UK on 2 October 2000 or 24th October 2003. This includes families who were joined by a child between those two dates.

*3) Asylum-seekers who are now part of a family, but who claimed asylum as a single person before 2nd October 2000, -

*(regardless of whether the claim is pending, or refused and regardless of the outcome of the appeal, won or lost).

If you fit the above criteria and are not subject to the exclusions listed below, you should apply for the 'Family Amnesty'

In addition:
* Families where the main applicant's asylum claim was refused but she/he was granted limited leave to remain will be considered.

* Kosovar families, who came to the UK under the Humanitarian Evacuation Programme before 2 October 2000 and did not apply for asylum until after this date, will be considered if they meet the necessary criteria.

Families will not be eligible if they have been removed or have left the UK voluntarily after their initial asylum application has been refused.

Lone parent families are also considered under this exercise.

If the family is eligible and all members of the family meet the dependency criteria as set out below, the Home Office should grant ILR to all family members.

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Exclusions
The concession will not apply to a family where the principal applicant or any of the dependants (using the definition of a dependant as above in "granting leave in line to dependants):

* have a criminal conviction,

* have had been subject of an anti-social behaviour order or sex offender order,

* have made (or attempted to make) an application for asylum in the UK in more than one identity,

* should have their asylum claim considered by another country (i.e. they are the subject of a possible third country removal, but see also section on third country cases below);

* present a risk to security;

* fall within the scope of Article 1F of the Refugee Convention; or

* whose presence in the UK is otherwise not conducive to the public good.

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People who fit the categories 1 & 2 below may have a claim under the family 'amnesty': Applying for the right to remain under these categories will necessitate contacting the Home Office, which may carry some risk for those whose applications are rejected.

Asylum seekers covered by the family 'amnesty' provided they fit the basic criteria, include:

1) Families who had lost their claim and were facing removal from the UK, but who then lost contact with the Home Office (it doesn't matter whether this was because the Home Office had lost contact with the family or vice versa)

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Parents who were living as a family unit at the 24th October 2003, but who are no longer living as a family unit, (due to divorce, separation, one partner forced to leave relationship because of domestic violence), will also qualify for the 'amnesty', as long as they continue to have contact with their children.

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Please note:

Although the Home Office has excluded from the 'amnesty' those families where any of the family have a criminal conviction, there is ongoing discussion with the Home Office about allowing people with very 'minor' convictions to apply, and so families in that situation should consider applying.

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2) People who may qualify include:

Those who entered and remained in the UK without permission before 24th October 2003 with minor children in order to join a partner who was already in the UK and who had already applied for asylum before 2nd October 2000.

A prospective spouse who entered the UK with out permission, married an asylum applicant who was already in the UK and who had already applied for asylum before 2nd October 2000. and where children were born of the union before 24th October 2003

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If you think you qualify, submit an application though a reputable immigration solicitor/case worker and any applications should be sent by recorded/registered post.

For applications under this concession policy: You must write immediately to address below requesting a form for 'Family Exercise' and stating briefly why you think you qualify.
Home Office
PO Box 1541
Croydon
CR9 2YS.

If the family does not receive the questionnaire within six weeks, it should ask an adviser to contact the ILR Helpline on 020 8760 4779. Please note that this helpline will only deal with enquiries from advisers and not from families themselves.