Refugee granted temporary leave

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  • #35121
    sharonwarner
    Participant

    Have been asked a query by our Housing Section and I am lost!

    A lady from Zibabwe has presented as homeless. She has been granted Limited Leave to remain and this is confirmed by all her HO paperwork. Housing are unsure why but think that this may be due to health issues as she is HIV+. I don’t think this is an issue however.

    She has now brought over her 2 children, 15 and 18 and they are both in full time educationl She only claimed Child Benefit yesterday. SHe has sponsored them to enter the UK. Not sure how as she is not working.

    As they are sponsored by someone with the right to remain, all beit on a limited basis, are we able to include them in the household? She would be a 3 bedroom need for Housing and HB then?

    Your advice on this is much appreciated in advance! I just love it when these things are dropped on me whilst I am at the copier!

    #98634
    Anonymous
    Guest

    There has been a change in policy on refugees.

    They used to get ILR as soon as they had refugee status, but recently the Home Office has started to give five years’ limited leave in the first instance, with ILR only following a review after five years (including a review of conditions back home).

    However, it is not Home Office practice to attach any public funds conditions to a refugee’s limited leave so they are not excluded from HB under s115 of the Immigration and Asylum Act 1999. They are also exempt from the habitual residence test as well.

    The children are not claiming HB themselves: if they live with the claimant, they are included. There are no special rules for dependan t children and (hooray!) s1(1A) of the Administration Act is disapplied by HB Reg 4(b). But for completeness, they probably are “sponsored” in the loose sense that she supported their visa applications, as opposed to a formal financial sponsorship undertaking. If their passports have a stamp that says “family reunion – sponsor” you can pretty much take it for granted that there is no financial sponsorship.

    So yes, I would say include them for both means testing and LHA size criteria purposes.

    #98635
    Anonymous
    Guest

    Sorry, I don’t know why but I thought I read the word “refugee” in your post. It’s not there is it?

    So she might not be one, in which case her entitlement to HB would depend on their not being any public funds restrictions on her own leave to enter/remain. Children’s immigration status would still not have any bearing on HB – they would be treated like any other dependant child for HB.

    But if there is a maintenance undertaking (that kind of “sponsorship”), I don’t know how that would affect her housing application. I know access to public housing has similar-ish rules to HB about immigration status but not sure whether there is any variation as regards sponsored dependants.

    #98636
    sharonwarner
    Participant

    No it isn’t but having checked her passport, that is why she has been given leave!

    That’s a talent that is knowing the answer before the question!

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