Claiming benefits after submitting ILR application

[kingie67]

I have trawled through numerous posts on this site but this matter does not seem to have been covered.

I have now been waiting for 6months for my ILR application. My existing visa does not allow me to claim public funds. I have never claimed any benefits for all the 11 years that I have been here.

What happens if I claim benefits now even though my application has not been decided? In essence, will they consider benefits claimed "after the application was submitted"?

[kindley]

Hi, what kind of ILR did you apply ffor?

I have trawled through numerous posts on this site but this matter does not seem to have been covered.

I have now been waiting for 6months for my ILR application. My existing visa does not allow me to claim public funds. I have never claimed any benefits for all the 11 years that I have been here.

What happens if I claim benefits now even though my application has not been decided? In essence, will they consider benefits claimed "after the application was submitted"?

[kingie67]

Hi, what kind of ILR did you apply ffor?

Hi Kindley
Thank you for your response. I applied for the ten year long residence rule one

[OFCHARITY]

You are not free from immigration control until your ILR is stamped, so "no recourse to public funds" still applies to you.

[ElenaW]

Sorry the conditions of your last visa apply when your application is pending.

[kingie67]

You are not free from immigration control until your ILR is stamped, so "no recourse to public funds" still applies to you.

Thanks for your responses Ofcharity and boulevardofbrokendreams. I can see there is clearly no doubt about my immigration status while my application is being decided. I totally agree with both of you.

My question remains unanswered however! When the Home Office checks whether an appicant has had access to public funds, is this as at 'the date of submitting an application' or 'the date when the application is decided'? With the Home Office taking long to make decisions there is a substantial amount of time between these two dates - sometimes more than 6months

Also are they likely to check every application for this 'recourse to public funds' even though the applicant has answered 'no' to the question - "are you receiving public funds"

[republique]

You are not free from immigration control until your ILR is stamped, so "no recourse to public funds" still applies to you.

Thanks for your responses Ofcharity and boulevardofbrokendreams. I can see there is clearly no doubt about my immigration status while my application is being decided. I totally agree with both of you.

My question remains unanswered however! When the Home Office checks whether an appicant has had access to public funds, is this as at 'the date of submitting an application' or 'the date when the application is decided'? With the Home Office taking long to make decisions there is a substantial amount of time between these two dates - sometimes more than 6months

Also are they likely to check every application for this 'recourse to public funds' even though the applicant has answered 'no' to the question - "are you receiving public funds"

What kind of point is this? You are not entitled to public funds until you get ILR. It doesn't matter how long it takes the HO to decide, that is just your tough luck. You want to take a chance and spoil your application but this type of questions is contrary to the purpose of this forum. We don't condone abuse of the system which is what you are suggesting and don't try to protest otherwise. The question is very well answered so stop pushing for some nuance that doesn't exist.

[ElenaW]

You are not free from immigration control until your ILR is stamped, so "no recourse to public funds" still applies to you.

Thanks for your responses Ofcharity and boulevardofbrokendreams. I can see there is clearly no doubt about my immigration status while my application is being decided. I totally agree with both of you.

My question remains unanswered however! When the Home Office checks whether an appicant has had access to public funds, is this as at 'the date of submitting an application' or 'the date when the application is decided'? With the Home Office taking long to make decisions there is a substantial amount of time between these two dates - sometimes more than 6months

Also are they likely to check every application for this 'recourse to public funds' even though the applicant has answered 'no' to the question - "are you receiving public funds"

If you put that you have not used public funds when you in fact have, they can easily find out and when they do, you will be banned for 10 years. The whole time that your application is being processed, you should not be on public funds.

[aWilliam]

I've applied for ilr on 10 years long resident basis as student, I know that my immigration status is the same as before while waiting, but i'm not studying since I applied for ILR last December 2009.

As student I was entitled to work 20hrs per week while studying and full time in holidays (when not studying).

If I'm not studying, can I work more than 20hrs now?? or just hang around until the decision is made. Thanks for your help.

[ElenaW]

I've applied for ilr on 10 years long resident basis as student, I know that my immigration status is the same as before while waiting, but i'm not studying since I applied for ILR last December 2009.

As student I was entitled to work 20hrs per week while studying and full time in holidays (when not studying).

If I'm not studying, can I work more than 20hrs now?? or just hang around until the decision is made. Thanks for your help.

I would probably just hang around and not study over 20 hours in the mean while if I were you.