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Claiming Legal Aid on ILR - Please verify

Questions and discussions about claiming benefits while living and working in the UK

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kkay_30
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Joined: Thu Jul 05, 2012 12:26 pm

Claiming Legal Aid on ILR - Please verify

Post by kkay_30 » Thu Mar 28, 2013 2:58 pm

I got my ILR in July 2012 under the cohabitation rule with a british partner. However, we have since then seperated and its been 4 months since we no longer live together.

I need to claim legal aid but the citizens advice bureau says if in a cohabitating relationship - you are not elligible.

Truth is that my relationship has ended, and I should be elligible for the benifit, but would declaring that affect my ILR in any way? I qualify for naturalisation in July 2013, so need to know if that would be affected if I enrol myself as 'Single' for legal aid.

Please help with info if you can.
thanks.

Amber
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Location: England, UK
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Re: Claiming Legal Aid on ILR - Please verify

Post by Amber » Thu Mar 28, 2013 3:22 pm

kkay_30 wrote:I got my ILR in July 2012 under the cohabitation rule with a british partner. However, we have since then seperated and its been 4 months since we no longer live together.

I need to claim legal aid but the citizens advice bureau says if in a cohabitating relationship - you are not elligible.

Truth is that my relationship has ended, and I should be elligible for the benifit, but would declaring that affect my ILR in any way? I qualify for naturalisation in July 2013, so need to know if that would be affected if I enrol myself as 'Single' for legal aid.

Please help with info if you can.
thanks.
You have been given ILR so that is not going to be taken back as your relationship broke down afterwards. Are you married or in a civil partnership?

kkay_30
Newly Registered
Posts: 11
Joined: Thu Jul 05, 2012 12:26 pm

Re: Claiming Legal Aid on ILR - Please verify

Post by kkay_30 » Thu Mar 28, 2013 4:49 pm

You have been given ILR so that is not going to be taken back as your relationship broke down afterwards. Are you married or in a civil partnership?[/quote]

Neither - it was purely based on cohabitation for 2 years, no civil partnership, no marriage.

Even though legally there is no binding, when it comes to claiming benifits, cohabitation is still seen as you could have financial support from your partner.

So you are saying it wouldnt not affect my ILR status in any way if i declare myself single?

Amber
Moderator
Posts: 17475
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Claiming Legal Aid on ILR - Please verify

Post by Amber » Thu Mar 28, 2013 5:44 pm

kkay_30 wrote:You have been given ILR so that is not going to be taken back as your relationship broke down afterwards. Are you married or in a civil partnership?
Neither - it was purely based on cohabitation for 2 years, no civil partnership, no marriage.

Even though legally there is no binding, when it comes to claiming benifits, cohabitation is still seen as you could have financial support from your partner.

So you are saying it wouldnt not affect my ILR status in any way if i declare myself single?[/quote]

For benefits if you are single then you are single even if living together, although it is more difficult to prove. They may ask whether you have a sexual relationship etc to establish whether you are still a couple.
No if you are single you are single you have your ilr it will not be revoked. You do know you must have been resident for 5 years to get bc?

kkay_30
Newly Registered
Posts: 11
Joined: Thu Jul 05, 2012 12:26 pm

Re: Claiming Legal Aid on ILR - Please verify

Post by kkay_30 » Mon Apr 08, 2013 3:54 pm

D4109125 wrote:
kkay_30 wrote:You have been given ILR so that is not going to be taken back as your relationship broke down afterwards. Are you married or in a civil partnership?
Neither - it was purely based on cohabitation for 2 years, no civil partnership, no marriage.

Even though legally there is no binding, when it comes to claiming benifits, cohabitation is still seen as you could have financial support from your partner.

So you are saying it wouldnt not affect my ILR status in any way if i declare myself single?
For benefits if you are single then you are single even if living together, although it is more difficult to prove. They may ask whether you have a sexual relationship etc to establish whether you are still a couple.
No if you are single you are single you have your ilr it will not be revoked. You do know you must have been resident for 5 years to get bc?[/quote]

We no longer live together, we are in 2 seperate addresses so its not 'cohabitation' anymore. Thanks for the replies, its good to know that if I do wisht o apply for legal aid as a single person, its not going to affect my status.

Also - yes i have been a resident in the UK for 9 years, so hopefully the naturalisation should be ok.

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