South African Nationals

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • #38364
    KenBaker
    Participant

    I have a HB/Ctb claim for a couple who are South African Nationals. They have a ‘Settlement’ Visa with no time limit to stay in the UK and no other restrictions. He has been working but has large gaps in his employment.
    Are they allowed to claim and if so do they need to be working? >)

    #108003
    Anonymous
    Guest

    Settlement means indefinite leave to remain in the UK. People with indefinite leave can claim HB in exactly the same way as a British national, with one exception: in some cases, they only get ILR because a relative in this country promises to maintain and accommodate them. If that is the case, they cannot get benefits until five years have passed. Unfortunately you won’t find anything on the passport to tell you whether that’s the case.

    Assuming that restriction doesn’t apply, they can claim and they don’t need to be working – it’s only Europeans who have to work.

    have they been here for less than five years? If so, you might have to ask more questions about the circumstances in which they obtained ILR.

    #108004
    KenBaker
    Participant

    They arrived in the country in Sep 2009. So yes I will have to question the more about how they came by the visa.

    #108006
    Anonymous
    Guest

    Do you know in that case what brought them to the UK, and whether this was indefinite leave to [u]enter[/u] (as opposed to indefinite leave to [u]remain[/u] after already being here before).

    Do the visas (I assume they both have one?) make any reference to a sponsor?

    If they got indefinite leave to enter immediately without a period of limited leave first, and if the visa application was sponsored by a relative, they could be the kind of pele who are subject to the five year embargo. Especially if they are elderly. If after narrowing it down you find that they match that profile, the Home Office LA enquiry service will be able to confirm whether or not there is a maintenance undertaking in force.

    #108007
    KenBaker
    Participant

    Thanks for that Peter. They are both of working age and both have the same visa.

    The Visa just states ‘settlement’ with no time limit to remain in the UK.

    It was a new claim that was ‘just paid’ in January and I have been given to review. They have not mentioned anything about why they came to the country.

    I will have to get them in for a chat and contact the Home Office enquiry service to see why the visa was issued.

Viewing 5 posts - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.