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Zimbabwe families qualify for UK amnesty
By Staff Reporter
Last updated: 12/17/2004 16:23:14 Last updated: 12/17/2004 05:26:17
TIME IS RUNNING OUT. YOU CAN APPLY FOR A UK FAMILY AMNESTY BEFORE 30 DECEMBER 2004 IF YOU MEET THE BASIC CRITERIA OUTLINED BELOW:
*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.
*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'
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.
Asylum seekers covered by the family 'amnesty' provided they fit the basic criteria, include:
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 they got married or
formed a family unit before 24th October 2003 and there were children born
before 24th October 2003,
Married people who applied for asylum before 2 October 2000 and have been given any form of limited leave to remain: Exceptional Leave to Remain, Humantiarian Protection or Discretionary Leave, and have a child born before October 24th October 2003 can apply for Indefinite Leave to Remain.
Single people who applied for asylum before 2 October 2000 and have been given any form of limited leave to remain: Exceptional Leave to Remain, Humantiarian Protection or Discretionary Leave, and have married or formed a family unit and there were children born before 24th October 2003, can apply for Indefinite Leave to Remain.
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.
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
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)
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
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.
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.
PO Box 1541
One-off exercise to allow
families who have been in the UK for three or more years to stay: Immigration
& Nationality Directorate APU NOTICE 4/2003
CLICK HERE TO DOWNL;OAD APPLICATION FORM AND MORE DETAILS
16 December 2004
pursuant to Rule 115 of the Rules of Procedure, tabled by
– Geoffrey Van Orden, Nirj Deva, Bernd Posselt; and José Ribeiro E Castro on behalf of the EPP-ED Group
– Pasqualina Napoletano and Glenys Kinnock on behalf of the PES Group
– Fiona Hall and Johan Van Hecke on behalf of the ALDE Group
– Frithjof Schmidt, Marie Hélène Aubert, Marie Anne Isler Béguin on
behalf of the Green/Efa Group
– Jonas Sjöstedt, André Brie, Gaby Zimmer on behalf of the
European Parliament resolution on Zimbabwe
The European Parliament,
– having regard to its previous resolutions on the situation in Zimbabwe, most recently of 15 January 2004,
– having regard to Rule 115 of the Rules of Procedure,
A. whereas 75% of the Zimbabwean population, some 9 million people, is now living below the poverty line and the World Food Programme is only able to provide food aid to 1.6 million people in December due to interference from the Mugabe regime,
B. whereas the Mugabe regime is intensifying its political oppression under the Public Order and Security Act and other such measures and through additional repressive legislation, such as the Non-Governmental Organizations Act, which infringes fundamental human rights, such as freedom of association,
C. whereas a case of particular and urgent concern is that of opposition MP Roy Bennett who, in the five years since his election, has been the subject of a vicious campaign of persecution by the Mugabe regime; whereas Roy Bennett MP was sentenced to twelve months imprisonment with hard labour on 28 October on spurious charges and is now being held in appalling conditions in Mutoko,
D. whereas a general election is scheduled to take place in Zimbabwe in March 2005, but whereas the regime's Elections Commission Bill and Zimbabwe Electoral Bill fall short of the required SADC standards for free and fair elections,
E. whereas the main opposition Movement for Democratic Change (MDC) is reluctant to confirm participation in the March 2005 elections until the basic conditions for free and fair elections have been guaranteed,
F. whereas MDC leader Morgan Tsvangirai, who has been subject to constant intimidation by the Zimbabwean authorities, was again subject to harassment on his recent return to Zimbabwe from visits to the European Parliament and European and African Capitals,
G. whereas deep splits have recently emerged in Zimbabwe's ruling party, the Zanu-PF,
1. Insists that all political interference in the distribution of international food aid is halted without delay to prevent the Zanu-PF government from using food as a political weapon;
2. Insists that repressive legislation such as the Public Order and Security Act is repealed and that the forthcoming elections in Zimbabwe are held in accordance with the SADC principles and guidelines governing democratic elections, including those agreed in Mauritius on 17 August 2004, with unimpeded access for international observers and an end to intimidation of opposition supporters;
3. Demands the immediate release of Roy Bennett MP and the cessation of all violence and intimidation towards his family and employees;
4. Calls upon Zimbabwe's neighbours and in particular President Thabo Mbeki of South Africa, who recently addressed the European Parliament, to engage on behalf of the people of Zimbabwe to bring about change for the better and ensure that the Zimbabwean Government fully cooperates with SADC and the wider international community to guarantee free and fair elections and a robust and timely international monitoring presence;
5. Welcomes the steps taken by the African Union Commission on Human and People's Rights to report on abuses in Zimbabwe, and stresses that AU must continue to monitor and also act in regard to the human rights, civil rights and political situation in Zimbabwe and to keep up this process of peer review throughout Africa;
6. Reiterates its demand to the Council and Commission that loopholes in the EU's targeted sanctions against the Mugabe regime be closed, and that the sanctions be rigorously enforced; also requests that Council and the Commission provide maximum support for international efforts to ensure free and fair elections in Zimbabwe in particular technical support to local, regional & international observer missions;
7. Instructs its President to forward this resolution to the Commission, the Council, the Governments of the Member States, the Government and Parliament of Zimbabwe, the Government and Parliament of South Africa, the UN Secretary-General, the Presidents of the Commission and Council of the African Union and the Secretary-General of SADC.