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`No reason to deny immigrants indefinite leave to remain’: legal experts


`Factors like age, personal history, can be taken into account’


23rd February 2010:
Reacting to media reports on `squatters’ rights to stay in Britain’, legal luminaries are asserting there is no reason why it would be undesirable for immigrants to be given indefinite leave to remain.

Raheela Hussain, Solicitor, Greenfields Solicitors, has, in fact, asserted: `Having regard to the public interest, there are no reasons why it would be undesirable for him (applicant) to be given indefinite leave to remain on the ground of long residence, taking into account his age; strength of connections in the United Kingdom; and personal history, including character, conduct, associations and employment record’

The other factors to be taken into account include: Domestic circumstances; previous criminal record and the nature of any offence of which the person has been convicted; compassionate circumstances; any representations received on the person’s behalf; the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

Raheela has added the rule allowing the migrants to ask for “indefinite leave to remain”, if they have succeeded to live in the “black economy” for long enough (see: `Illegal migrant in UK for 14 years? A rule can help you get British passport’) is not an unknown.
Raheela has asserted it refers to a law contained within the immigration rules. `Each applicant will have to argue their case based on the factors, which the Secretary of State will consider.

The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are `he has had at least 10 years continuous lawful residence in the United Kingdom;

`Or, he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom.”

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