claiming benefits

shafina · Post by **shafina** » Thu Feb 24, 2011 7:25 pm

hi can anybody please advise me. My husband is from morocco and he is on a settlement visa on his passport it says clearly indefinite leave to remain. but i know it should actually be no recourse to public funds. Can you advise me i have been paying full council tax and housing benefit for the last nine months. Would i be able to claim hb and ctc again with my husbands name on the application without it affecting his ilr thankyou.

alina143 · Post by **alina143** » Thu Feb 24, 2011 10:35 pm

hi u can still claim hb and council tax it wont affect ur partners ilr app because he has no recourse to public funds so hb and council tax will only be on your name. He will be on the claim but wont get any hb or council tax hope this helps

Post by **Greenie** » Thu Feb 24, 2011 11:22 pm

Why are you so sure that it shouldn't say indefinite leave to remain?

shafina · Post by **shafina** » Fri Feb 25, 2011 5:34 pm

Greenie wrote:Why are you so sure that it shouldn't say indefinite leave to remain?

it says on my husbands passport indefinite leave to enter the uk

Post by **Greenie** » Fri Feb 25, 2011 8:15 pm

Yes but why do you think that this is wrong?

shafina · Post by **shafina** » Fri Feb 25, 2011 9:57 pm

Greenie wrote:Yes but why do you think that this is wrong?

because we applied for settlement visa which is supposed to be for 27 months and after the settlement visa it changes to ilr. we were issued visa for ile so i believe its wrong it does not say no recourse to public funds on his passport

Post by **Greenie** » Fri Feb 25, 2011 10:02 pm

Did the two of you live together outside the UK before he made the application?

shafina · Post by **shafina** » Fri Feb 25, 2011 10:04 pm

Greenie wrote:Did the two of you live together outside the UK before he made the application?

we have known each other for two years and we lived together for only 12 weeks

Post by **Greenie** » Fri Feb 25, 2011 10:26 pm

If he has been granted indefinite leave to enter they this is the leave he has. It sounds like it may be an administrative error but once indefinite leave has been granted it cannot be taken away unless the person obtained it by deception or commits a criminal offence to warrant his deportation. Therefore he does have recourse to public funds. If in doubt speak to an immigration solicitor.

shafina · Post by **shafina** » Sat Feb 26, 2011 8:25 am

Greenie wrote:If he has been granted indefinite leave to enter they this is the leave he has. It sounds like it may be an administrative error but once indefinite leave has been granted it cannot be taken away unless the person obtained it by deception or commits a criminal offence to warrant his deportation. Therefore he does have recourse to public funds. If in doubt speak to an immigration solicitor.

thankyou for your reply. this is wat is says in his passport and everything was notified to the embassy and everything was legal and above board. would him being in the milliatary for 6 years have anything to do with it

Post by **Greenie** » Sat Feb 26, 2011 9:18 am

Where was he in the military. Who for?

shafina · Post by **shafina** » Sun Feb 27, 2011 8:43 pm

Greenie wrote:Where was he in the military. Who for?

in morocco

Post by **Greenie** » Mon Feb 28, 2011 9:56 am

i don't think that his military service in Morocco will have made a difference. Like I said it sounds like an administrative error but once ILE/ILR is granted then it can only be revoked in limited circumstances, and the fact that they apparently gave it to him by mistake is not one of them.

shafina · Post by **shafina** » Fri Mar 04, 2011 9:53 am

Greenie wrote:i don't think that his military service in Morocco will have made a difference. Like I said it sounds like an administrative error but once ILE/ILR is granted then it can only be revoked in limited circumstances, and the fact that they apparently gave it to him by mistake is not one of them.

thankyou for your reply so what would be the next course of action

Post by **Greenie** » Fri Mar 04, 2011 9:59 am

personally i don't think you need to do anything for the reasons have already explained. He has been granted Indefinite Leave to Enter and therefore he can stay here indefinitely and he has recourse to public funds.

If in doubt consult an immigration solicitor.

shafina · Post by **shafina** » Sun Mar 06, 2011 8:55 am

Greenie wrote:personally i don't think you need to do anything for the reasons have already explained. He has been granted Indefinite Leave to Enter and therefore he can stay here indefinitely and he has recourse to public funds.

If in doubt consult an immigration solicitor.

I have been advised to write to the issuing embassy and to ask them to amend the visa due to the error would you advise that is the best course of action. Even though it was the issuing embassies error thankyou for your help in this matter.

Post by **Greenie** » Sun Mar 06, 2011 10:19 am

Who advised you this?

shafina · Post by **shafina** » Sun Mar 06, 2011 12:04 pm

Greenie wrote:Who advised you this?

one of the solicitors from uk resident.com

Post by **Greenie** » Sun Mar 06, 2011 12:37 pm

You mean they gave you advice in a forum or you actually spoke to a solicitor personally. Did they make any reference to the law or policy on which they based their advice?

shafina · Post by **shafina** » Sun Mar 06, 2011 5:15 pm

Greenie wrote:You mean they gave you advice in a forum or you actually spoke to a solicitor personally. Did they make any reference to the law or policy on which they based their advice?

No i spoke to them on the forum asking the same questions as on this forum with the same information. They said that it was an error and all involved thought i should be sending a letter to the embassy concerned and notifying them of the error as quote.Basically, we all think your husband has been granted ILE in error, and that he should have just been granted a two year spousal visa...at least I do.

my reply:so wat would be the solution tpo rectify the situatio

response:To write and ask them to amend

no reference was made to any law

shafina · Post by **shafina** » Wed Mar 09, 2011 4:00 pm

shafina wrote:
Greenie wrote:You mean they gave you advice in a forum or you actually spoke to a solicitor personally. Did they make any reference to the law or policy on which they based their advice?
No i spoke to them on the forum asking the same questions as on this forum with the same information. They said that it was an error and all involved thought i should be sending a letter to the embassy concerned and notifying them of the error as quote.Basically, we all think your husband has been granted ILE in error, and that he should have just been granted a two year spousal visa...at least I do.

my reply:so wat would be the solution tpo rectify the situatio

response:To write and ask them to amend

no reference was made to any law

Post by **Greenie** » Wed Mar 09, 2011 8:49 pm

I disagree with that advice. I think you should seek advice from a solicitor in person rather than on a forum if you are unsure/worried about what to do.

Are you on a low income? If so you might be entitled to free legal help.

What area of the country do you live in?

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