Chinese couple with Limited Leave to enter

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  • #45445
    jamesd
    Participant

    I have a claim from a self employed Chinese couple. They have been in the country since at least 2010, and have two children born in Britain who they are receiving Child benefit and child tax credits for- as well as receiving workinf tax credits.

    My main confusion is that they have provided us with Immigration documents supplied by the Home Office which grant them both limited leave to enter (with no conditions). These immigration stickers were awarded on 12th January 2012 and are valid until 12th Jan 2015- but they were issued in Liverpool.

    My understanding has always been that leave to enter is only awarded to applicants applying from outside the UK, and that as they were already in the UK this couple should have been awarded limited leave to remain. Any ideas why this would be??  

    Kind Regards in advance

    #127929
    michaelh
    Participant

    hello – they probably had prior leave to remain before being awarded their current leave to remain. Or they have been waiting for their case to be decided for a number of years which is also feasible given the backlogs in the Home Office.

    They can apply for further leave to remain from within the UK once they have been here for a period of time under old leave entitlement. Loads of scenarios really but none that stop you from paying, but I guess that’s not your query any way.

    Here is a great link where you can learn loads and loads abount entering the UK from outside of Europe and applying/re-applying for leave to remain

    http://www.ukba.homeoffice.gov.uk/

    hope this helps you – Mike

    #127934
    jamesd
    Participant

    Yeah, that’s very helpful

    Thanks Mike

    #127953
    michaelh
    Participant

    glad to be a help J

    Mike

    #137945
    j_duncan
    Participant

    Hi

    We have a chinese couple who both work for the local chippy, neither pay tax or national insurance as on the minimum wage.
    They have limited leave to remain and been resident in the UK since 2008 (so they say, we are asking for proof). Their visa’s last until 2013.
    Can we pay HB?

    #137949
    Kay_Tade
    Participant

    [quote=j_duncan]They have limited leave to remain and been resident in the UK since 2008 (so they say, we are asking for proof). Their visa’s last until 2013. Can we pay HB?[/quote]

    Hi j_duncan, they are treated like any other UK citizen, under the same circumstances (Lucky them), till the leave expires in 2013. After that, they will require evidence this has been extended, under similar conditions, or a variation on the leave has been granted.

    #138447
    michaelh
    Participant

    applications to UKBA……… :((

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