Exeptional Leave to stay

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    We have a claimant who had exeptional leave to stay in this country, this ran out 11/06/06 he has now applied for Indefinite Leave to Stay but the Home Office have advised this could take up to 8 months to decide.

    meanwhile his JSA has ended due to delay in him applying for above, does this mean he now has no recourse to public funds it seems he is in limbo until case decided.

    Thanks in advance


    The CPAG Welfare Benefits Handbook says that exceptional leave still in effect continues if a person is waiting for an application for it to be extended is still to be decided, but only if person applies for the extension before it runs out. The implication is that it would not continue if the person does not apply until after it has run out. So it may be the case that the person does then have no recourse.

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