antiguan citizen

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    david kearney

    Can anyone advise on the following, Assiduous assessor has picked up on a claim we hace been paying for the last year or so. Query arose as customer has Antiguan passport stamped indefinite leave to enter the UK and no mention of recourse to publice funds.

    Called customer in to clarify. Situation is briefly. Customer came to the UK in 1998 with her mother who was a citizen of Montserrat and her younger sister. Both mother and sister have since acquired UK citizenship.
    Customer has had two children since who both have UK passports. Customer has never got round to applying for UK citizenship, but has advised me she will now do this, as a result of our queries (and the problems she has whenever she goes abroad) I have also asked her to obtain clarification from the home office of her immigration status but this could take a while.

    Has been here most of the time since 1998, but returned to Antigua in 2005 and stayed there for 18 months to care for her sick grandmother. The stamp on her passport was made in 2002 when she was stopped by immigration at Gatwick, she tells me the home office confirmed her status and authorised the officials to stamp the passport with indefinite leave to enter the UK” she has no other home office/immigration documentation

    She works for another council, has a nino, receives tax credits, child benefit and is definitely habitually resident.

    Do I need to worry whether she has recourse to public funds or not?


    Indefinite leave cannot have any conditions attached to it: no recourse to public funds is a condition attached to limited leave only.

    People with indefinite leave can be excluded from benefits if they got their ILR as a result of someone else undertaking to be responsible for their maintenance and accommodation (this may or may not have been the case with your claimant, I suspect not as these undertakings are usually required when a migrant wants to join a relative already established in the UK); but the exclusion from benefits only lasts five years, and your claimant is now beyond that.

    The 18 month absence does not matter – she would only lose her ILR if absent for three years and the fact that she was allowed back in proves that she has not lost her ILR.

    I see no reason why your claimant is prevented from getting means-tested benefits.

    david kearney

    Thanks Peter. That’ll do me.

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