Income Related ESA claimants will not be migrated to UC until 2028 (unless also getting tax credits then it will be earlier). No new claims for income related ESA can be made, it would be UC, but that certainly isn’t the same as an existing legacy claimant as in this case, which you can tell because...
Yes, as the maintenance undertaking period has lapsed - 5 years, she can claim public funds, assuming she has ILR. She may also claim attendance allowance, if she has health issues. They will generate her a NI number when she claims pension credit.
Can you still meet the requirements for further leave? Your spouse’s route to settlement may change to a 10 year route if you can’t. If you apply on the basis of private/family life you could request access to public funds for your spouse you could also apply for a fee waiver when extending.
If you have pre-settled status under the EU settlement scheme, you are not subject to immigration control therefore claiming any public funds or support isn’t an issue.
The applicable amount for IR-ESA, where the partner is a PSIC, is comprised of: 1. the claimant’s personal allowance (but not the partner) and 2. any appropriate premium for the claimant and 3. either the work related activity component or the support component and 4. housing costs. There is no modi...
Generally to get recourse to public funds you have to show destitution/hardship or that it would be likely if not given access to public funds. There has to also be an element of vulnerability/exceptional circumstances eg having dep children/health issues. It would also be expected that you’d apply ...
‘Public funds’ are defined as a specific list of welfare benefits and support. This list does not include education or any education funding. However, eligibility for funding may be restricted due to immigration status/time spent in the UK. Contact - https://www.ukcisa.org.uk/About-UKCISA/Contact-us
If your partner has pre-settled status under Appendix EU of the immigration rules then she’ll need a concurrent right to reside to access public funds, eg retained Worker status in line with St Prix. If you’re a member of a couple then it needs to be a joint claim for UC. Maternity Allowance isn’t a...
Warm Home Discount 2022 Due to increasing confusion about the new £150 Warm Home Discount Scheme I have created the below (from information in the new guidance) to try and explain how the new scheme will work, please read all the below before asking any questions. Thank you. For those already famili...
You need to return the passport to be corrected with a certified copy of the birth certificate. Send HMPO an online contact via https://eforms.homeoffice.gov.uk/outrea ... iries.ofml they will provide details on their process for returning the passport.
To align with changes to the qualifying period, where a person has committed immigration breaches relating to: illegal entry absconding overstaying may be disregarded when assessing good character during the 10-year period prior to the application, but only where all of the following factors apply: ...
Who is considered as the child’s Father for the purpose of the BNA 1981 is firstly the person to whom the Mother was married to at the time of the child’s birth, therefore a DNA test is not required. Yes you pay for the passport when you apply.
Fixed penalty notices, penalty charge notices and penalty notices for disorder are imposed by the police or other authorised enforcement officers for traffic rule violations, environmental and civil violations. It is a way of the criminal justice system disposing of fairly minor offences without the...
New routes for a child to become British The Home Office changed their policy on 18 July 2022 to add further discretionary routes for a child to register as British. All routes will generally require parental consent and if the child is aged 10 or older, to be of good character. This will generally...
An adult cannot naturalise unless they’re free from immigration time restrictions - e.g., they have ILR. Being married/CP to a British citizen simply means you can naturalise earlier e.g., no need to be free from immigration time restrictions for 12 months (just be free from immigration time restric...
The status of your settlement simply ceases to exist once you acquire British citizenship, regardless of the fact you may access it digitally. The current requirement to return BRPs post citizenship acquisition will obviously stop circa end of 2024 when BRPs are phased out (or that’s the plan at lea...
You just state it as one parent receiving the benefits, for a number of benefits there is a main/lead claimant, that’s the case for legacy means tested benefits (but for tax credits). As long as the sum total is correct for the family unit, that should be ok.
Given both parents are British, I’d expect the children to be registered as below, that’s assuming they’re not already British: There are two aspects to consider (a) status and (b) residence. For status: Child’s immigration status If the child has been in the UK for more than 10 years, you must cons...
