Sponsored Spouse of Refugee

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  • #38727
    richard_hurley
    Participant

    We have a Cameroon national (Mrs G)who came to the UK on 19/02/11 with her son under the right of ‘family reunion’. Her husband (Mr E)also a Cameroon national has been granted refugee status (to be reviewed in 2015). Husband shows as a sponser on both wife and child’s entry document.

    Unfortunately Mrs G has left Mr E due to domestic violence and is currently residing in a womans refuge with her son. She has made a claim to HB which was refused on the basis that she does not have a right to public funds having seperated from her sponsor. She has now Appealed which is why im looking at it.

    There has been a similar case where an Iranian lady who had a 13 year old child split from her husband fleeing domestic violence. He was also her sponsor and she had limited leave to remain too. Social services were contacted who paid her some money and helped re house her. They also contacted the Home Office as there is a special provision in regards to people fleeing domestic violence. This allowed their application for Indefinate Leave to be fast tracked (only took a month), at which point she was able to claim HB/CTB. I was inclined to treat this case in the same way?

    I have read the post ‘sponsored immigrants’ from 19/05/11 but i’m not sure the answer given by Steve Daymond applies (specifically point 2) to add to Steve’s point I understood this to only apply to someone who has been resident for 5 years? Am i getting confused? Its very possible!!

    Please help!!

    #109390
    Kay_Tade
    Participant

    I think you can forget the 5 years rule as the sponsor is not dead and the claimant has not been in the UK for 5 years.

    I would be more interested to know if this was a maintenance sponsorship, and I don’t think so, or a sponsorship just stating the family members are who they say they are. I.E mother and child are family members of estranged partner. I may mean they, the mother and child, always had leave to remain by rights based on the estranged parters status.

    #109391
    Anonymous
    Guest

    The term “sponsor” in immigration circles simply means the person who is supporting the visa application, as in “she is my wife I would like her to be allowed to come here and join me”. Sponsorship is far wider than the narrow and specific maintenance and accommodation undertaking, which does indeeed prevent the person from claiming benefits for five years.

    Refugee family reunion visas usually involve the family members being granted limited leave without any conditions, expiring on the same date as the refugee’s limited leave. At that point they would normally all apply for indefinite leave.

    If they have split up, your claimant still has limited leave unless and until the Home Ofice varies it. They might vary it to early Indefinite Leave because of the domestic violence (like they did for your Iranian claimant), or they might vary it to no leave at all if they suspect the whole thing is a scam.

    For now she can get HB because she has limited leave without any public funds conditions attached.

    #109392
    richard_hurley
    Participant

    So it does not matter that she has split from her husband? Also I assume if the public funds conditions were in effect it would state this on her entry documentation?

    #109394
    Kay_Tade
    Participant

    No it doesn’t, As Peter stated above and I agree that’s usually sometimes the norm, I would prefer to see documentation to show exactly what has been issued and the conditions attached.

    #109463
    richard_hurley
    Participant

    Thanks both of you, thats great. Really didn’t expect her to retain her status so good news for her.

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