partner – no recourse to public funds

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    I have a case where we have a Canadian National with unlimited leave to remain in the UK. He has now claimed HB as he is receiving SSP.

    His partner is American and has just returned to the UK following a family emergency, or so he has stated. He has provided her passport now that she has returned to the UK, but her passport is stamped with a 6 month entry only and no recourse to public funds and she is not allowed to work. This is also the case for her 4 year old son, whom the claimant has stated starts school in September.

    Do I therefore treat them as I would a UK national with partner who has no recourse to public funds, or would they be treated differently as he is foreign national. Would the fact that she has only been given 6 month leave to stay make a difference to our decision.

    I would be grateful for some feedback as I have got myself in a muddle with this one.

    jacki :15:


    Treat them as normal as long as the partner has a NINO.


    many thanks


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