Australian National

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  • #38072
    michaelh
    Participant

    Hello folks – I have a claim from an Australian national. She has two dependant children and all I know is that she has been in the UK for less than two years, she might have been here longer but looks like she went back to Australia in 2008. I think she has split from her partner, however, I do not know if he was British or Australian. The information I have is vague as the application form I have is an LA input document sent via JCP as she has made a claim for Income Support. Before you all start telling me the Income Support decision will take precedence over the LA decision on HRT the reason I am asking this is just in case Income Support is not awarded for any reason other than the clmt not being habitually resident. Also I don’t think I have ever dealt with a claim from an Australian so I am eager to broaden my knowledge.

    Lets say she had not claimed Income Support and just submitted a claim for HB/CTB. Am I right in saying that I can only make a decision once I have examined her passport and checked for any relevant visa that she has and any visa will tell me her status within the UK i.e. whether she has recourse to public funds. Or can my clmt derive any rights of residence from her former partner, depending on where he was from of course and what his status was.

    Any advice would be very much appreciated.

    #107211
    Kay_Tade
    Participant

    Well until you know more about the “partner” you can’t make a decision……so it will have to be based on her own details or maybe the children, depending. From your post, I think you need to confirm if she has any kind of leave in the UK, so that’s checking the passport or any other documents she might have.

    #107214
    michaelh
    Participant

    OK thanks Kay – i thought as much

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