Are you entitled to benefits? Immigration a

[Katie1]

If a person who is not an asylum is granted limited leave to remain, or disceramotory leave to remain ( sorry I can't spell) are they entitled to benefits like a uk national is?

[Amber]

Depends on the type of leave granted, the reason for the leave and when it was granted.

[Katie1]

Depends on the type of leave granted, the reason for the leave and when it was granted.

Hi

Thanks for reply.

The leave was granted on the 16th September 2013.... the appeal was granted under the human right acts 1950 convention, but the appeal was dismissed under the immigration law.

[Amber]

Assuming the appeal was determined after July 2012, 2.5 year leave on a 10 year route to settlement, no recourse to public funds, work permitted.

[Katie1]

Assuming the appeal was determined after July 2012, 2.5 year visa on a 10 year route to settlement, no recourse to public funds, work permitted.

Hi

Thanks for your quick replies.

But the person didn't apply for a visa, he applied to get IDL

[Amber]

That's a slip, I should have used the term leave, not visa

[Katie1]

That's a slip, I should have used the term leave, not visa

Hi, it's ok. But if the person gets an extension after the 2.5 years then would they be able to be entitled to benefits.

Also, when your applying for an extension when your 2.5 yeas are nearly up. How is the application process? Would home office need evidence to see if the person is still keeping in contact with kids, evidence of where her works, evidence that the person has no criminal convictions in the 2.5 years?


Thanks

[Amber]

Unfortunately, for the duration of family life leave, the applicant cannot claim public funds (unless from an exempt Country).

Yes, the circumstances have to be similar when you re-apply.

However, as you are a parent Home Office guidance states that exceptional circumstances will exist ‘where the applicant is destitute, or where there are particularly compelling reasons relating to the welfare of a child of a parent in receipt of a very low income’. Therefore, you should make sure you are awarded family life leave with access to public funds. If this is not done you need to write to the Home Office and explain that your circumstances are exceptional and that you need access to public funds. It may require judicial review.

Please let us know how you get on.

[Katie1]

Unfortunately, for the duration of family life leave, the applicant cannot claim public funds (unless from an exempt Country).

Yes, the circumstances have to be similar when you re-apply.

However, as you are a parent Home Office guidance states that exceptional circumstances will exist ‘where the applicant is destitute, or where there are particularly compelling reasons relating to the welfare of a child of a parent in receipt of a very low income’. Therefore, you should make sure you are awarded family life leave with access to public funds. If this is not done you need to write to the Home Office and explain that your circumstances are exceptional and that you need access to public funds. It may require judicial review.

Please let us know how you get on.

Hi Amber

Thanks for all the useful advice.

The immigration issue is not about me, it's about my children's dad who was Born in Trinidad..... Is that an exempt country? I was born, both of u parents are British so are my children..... But they are not over 7. However, the dad and I do not live together and he is being detained at a detention centre.

The dad is poor, because of that do you think he may get benefits. How do I approach him about his options?

Thanks

[Amber]

Yes if he's in exceptional circumstances he needs to tell them and ask for access to public funds to be granted on his leave.

[Katie1]

Yes if he's in exceptional circumstances he needs to tell them and ask for access to public funds to be granted on his leave.

Hi Amber

So he can get benefits even if I am the main carer for our kids?

Also, can he apply for council housing?

Thanks again.

[Amber]

What is your immigration status?

[Katie1]

What is your immigration status?

I'm British. I was born in Britain, both of my parents are British and I have a British passport.

The father and I are not a couple and don't live together

[vinny]

If he was granted leave in 16 September 2013, then why is he still being detained at a detention centre? Or is his detention related to his other problems?

Where will he live after his release?

See also Public funds. I don't think Trinidad is an exempt country.

[Katie1]

If he was granted leave in 16 September 2013, then why is he still being detained at a detention centre? Or is his detention related to his other problems?

Where will he live after his release?

See also Public funds. I don't think Trinidad is an exempt country.

Hi

He was detained because he kept "forgetting" to sign I and HO had a warrant out for him. He has to wait 5 days in case HO appeals against the first tribunals verdict for the allowing the the appeal under human rights.

I'm guessing he would be homeless or he may be able to live at a charity hostel.

Thanks ill look at the link

[Amber]

Indeed, Trinidad is not exempt.

Write to the Home Office be sure to explain exceptional circumstances, hardship and welfare of the child asking for public funds access to be included. Though, as you're British you can claim child benefit and tax credits can be joint claim even if your spouse is subject to immigration control.

I didn't read he was detained, must if skimmed over it.

Contact Detention Action (click) for support.

[Katie1]

Indeed, Trinidad is not exempt.

Write to the Home Office be sure to explain exceptional circumstances, hardship and welfare of the child asking for public funds access to be included. Though, as you're British you can claim child benefit and tax credits can be joint claim even if your spouse is subject to immigration control.

I didn't read he was detained, must if skimmed over it.

Contact Detention Action (click) for support.

Hi

Thanks for the advice

I already claim child benefit and child tax. I would not make a joint claim with the dad, simply because we are not together and I am the main provider of our child.

Is it hard to get access to public funds through HO for exceptions reasons?

[Amber]

It may require Judicial Review. However, the first process is to request the access if it has not already been given.

[fspider]

Hi D4109125, I have advised by someone on here to contact you regarding my query and hope you can help.

Basically I came to UK on a student visa in 2005. I went to college and university here. Graduated in 2010 and got married to BC in July 2010. Then I applied for 2 year spouse visa which I received in February 2011. Now I hold ILR which I received in February 2013.

I want to apply for naturlisation asap before the new law on another English qualification comes into place I.e. 28th October.

I am a bit confused by reading various sites and forums about the residential requirement related to my situation.

I would if someone could please clarify whether I am eligible to apply for a naturlisation or not.

Many thanks in advance.

[Amber]

Although this is nothing to do with benefits, you are eligible to apply to naturalise now providing you meet the other standard requirements, including being physically present in the UK 3 years before the Home Office receives your application. Use the Nationality Checking Service to keep your documents.

[fspider]

Many thanks for your help.