Limited Leave to remain and entitlement to Income Support

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  • #35350
    Anonymous
    Guest

    I have a claim from a Jamaican whose passport shows that he has no recourse to public funds.
    He has lived in UK for 8 years and was married to a British Citizen. They have 2 children. His wife has now died and he has paperwork showing that he does not qualify for Leave to Remain but that discretion has been exercised and he has been granted Limited leave to remain for 1 year.
    He has applied for IS and we were not expecting this to be awarded, but he has been given a “clerical” payment. He also seems to have been given a NINO.
    Obviously, if IS is awarded we will have to pay HB, but I am puzzled as to why he would qualify for IS and wonder if I am missing something in my understanding of these cases :25:

    #53474
    stevedaymond
    Participant

    From Section 115(9) of the Immigration and Asylum Act 1999:
    (9) “A person subject to immigration control” means a person who is not a national of an EEA State and who—
    (a) requires leave to enter or remain in the United Kingdom but does not have it;
    (b) has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;
    (c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
    (d) has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

    If your guy has limited leave with no restrictions then he would be entitled, otherwise it might be worth checking with the DWP on what grounds they have awrded it.

    #99127
    Anonymous
    Guest

    Sorry I forgot to say that the last stamp in his passport was from a few years ago, and he had “no recourse to public funds”.

    #99128
    Anonymous
    Guest

    As he is a Commonwealth citizen who was married to a UK national, he may well have a ‘Right of Abode’. This would mean he does not require leave to enter or remain in the UK.

    #99129
    stevedaymond
    Participant

    A Right of Abode would make them exempt, the circumstances in which you would qualify are set out in part 2 of the Immigration Act 1971. If a person has a right of abode I think they need to have a certificate from the Home Office confirming this, but could be wrong.

    Is it the latest stamp or document that states no recourse of has this been superseded by the new decision?

    #99130
    Anonymous
    Guest

    The letter from the Home Office which has just been issued states that he does not qualify for leave to remain (so he must need it) but that they have exercised discretion in his favour. There is a new stamp in his passport titled “Residence Permit” for 1 year Limited Leave to remain (It doesn’t say anything about recourse to public funds at all).
    Prior to that, the last stamp in his passport was 2002 giving leave to remain without recourse to public funds.

    #99131
    stevedaymond
    Participant

    I would go with the latest info and they have limit leave to remain with no restrictions on public funds so they are eligible. Set a reminder for a years time and then contact the Home Office to see if they have applied for an intime extention to the stay.

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