Fong-on Joshua Lau's response

Legacy is just a fancy word created for what was originally called the less politically acceptable 'backlog' of asylum claims. These are generally those asylum claims made before 05 March 2007 and are still unresolved.

According to the Home Office, all such cases have now been assigned to a caseworker but this does not mean that the caseworker has yet considered all the cases assigned to them. So some people may not yet have been contacted but likewise, some people may fall through the net and need to contact the Home Office themselves.

This also means that no-one actually 'applies' for legacy, it is merely an exercise to clear the backlog of old asylum cases.

A person whose case is being considered may be granted leave to remain but may also be refused leave to remain and removed as an outcome. The decision whether to grant leave to remain or remove a person will depend on that person's individual circumstances.

I would advise that anyone in such a position consult a good immigration solicitor in order to assess their situation, with a view of presenting their case as meritoriously as possible to the Home Office.

This is the same advice to any overstayer or someone who is in the UK illegally because a legitimate and ethical solicitor, or immmigration advisor, cannot advise you to break the law; this would be against our Code of Conduct and is illegal. The only broad advice they can give is that you should regularise your stay by either making an application or leaving the country. Of course, whether you take that advice is your decision to make.

To advise that you stay and do nothing would constitute a criminal offence as well as violating the Solicitors' Code of Conduct. You should be very wary of any immigration solicitor or advisor who is prepared to act in such a manner.