ILR and Recourse to Public Funds

[Eamon]

My wife (from whom I have just separated after ten years of marriage, two in the UK), has ILR and recently applied for Income Support. When she was refused I phoned the relevant office, who told me that they had had a fax from the Home Office to the effect that she has no recourse to public funds although this is not on her visa. I therefore don't see why she does not qualify.

1) Can it be that they just need to formally clarify her marital status, as this would affect any future application for citizenship.

2) Can her ILR be rescinded merely because she is separated from her spouse?

3) What is the best way to contact the Home Office? By phone or by letter?

Thanks in advance for any info.

.

[Rena]

I Don't know the rules quiet sure here. But, as of I know in Canada Sponsor is responsible for 10 years to take care financially whoever they sponsor. If they don't keep their promise until then, they won't be allowed to sponsor any more people. It doesn't matter even wife, parents, children.

[Dawie]

People who hold ILR have the same rights to public funds as British citizens, so the Home Office is just plain wrong.

And no, once she has ILR it can't be taken away except if it was obtained by deception or if she leaves the UK for more than 2 years.

[tinux]

go back and tell the person who refused that he or she is stupid and the person at the HOP is also stupid take the names of their managers and complain and make sure you get compensation from both. I can assure you that they are as thick as a 10 year old you could print this and show it to them if you wish

[Christophe]

My wife (from whom I have just separated after ten years of marriage, two in the UK), has ILR and recently applied for Income Support. When she was refused I phoned the relevant office, who told me that they had had a fax from the Home Office to the effect that she has no recourse to public funds although this is not on her visa. I therefore don't see why she does not qualify.

She does qualify if she has ILR.

1) Can it be that they just need to formally clarify her marital status, as this would affect any future application for citizenship.

I don't think so - they would only start concerning themselves with that when, or if, she applied for naturalisation. And nationality matters are dealt with by a separate section anyway. As a person with ILR she is (or will be, in the fullness of time) entitled to naturalise without being married to you - slightly different conditions apply, as you may know, but that would be dealt with by her filling in the form.

2) Can her ILR be rescinded merely because she is separated from her spouse?

As noted above, no.

3) What is the best way to contact the Home Office? By phone or by letter?

I'd start by phone but follow it up promptly by letter. On the phone, as noted above, you can always ask to speak to someone more senior. Are you planning to do the contacting, or your wife?

[ivan]

Hi,

I am not really an expert, but I just got an ILR myself. Here is the quote from the cover letter:

...

What happens if I leave the UK

If you leave the United Kingdom, you will normally be re-admitted for settlement as a returning resident provided that:

o you did not receive assistance from public funds towards the cost of living in this country

...

This sounds pretty clear. There is nothing else on the topic in the passport endorsement or elsewhere in the cover letter.

Maybe the rules have changed recently?

Hope this helps,
Ivan

[tinux]

The above you have mentioned is for a person who goes to social and ask for a grant to leave the country for good and then later on decided to change his mind and come back and even if one does it that is not a case for refusal if there is a conection to the Uk. plus that Grant is no longer given people offer loans now and even a loan is only given if a person is signing on for 6 months or more.
why it is mentioned????????? because at some point in History there was a case of foreigner receiving a lump sum called repatriation grant in order to leave the country for good. I have not heard of such thing happening in the Uk in over 30 years

[tvt]

I suspect that the particular person was admitted to the UK on the back of a "sponsorship undertaking".

In that case, the person in question cannot have recourse to some specific public funds for five years starting from the date he or she first arrive in the UK. This is regardless of any ILR status.

[Dawie]

I suspect that the particular person was admitted to the UK on the back of a "sponsorship undertaking".

In that case, the person in question cannot have recourse to some specific public funds for five years starting from the date he or she first arrive in the UK. This is regardless of any ILR status.

That is incorrect. Holders of ILR status are always accorded the same rights to public funds as British citizens. ILR visa stickers do not have "no recourse to public funds" on them because ILR holders are allowed to claim public funds on the same terms as British citizens.

[vinny]

See also Other cross-cutting information > Public funds >

A maintenance undertaking is a written agreement given by a sponsor. It states that they will be responsible for the maintenance and accommodation of a person subject to immigration control while they are in the UK. It is an offence under the Social Security Administration Act 1992 for a sponsor not to maintain people who they are responsible for who then claim contributory based benefits because of this. These benefits may also be recovered from the sponsor.

A person with ILR may have been given it subject to a maintenance undertaking so these provisions may apply even when a person has leave free of conditions.

The Social Security Administration Act 1992 was later amended by the Jobseekers Act 1995 > Schedule 2 Consequential Amendments.

[Eamon]

3) What is the best way to contact the Home Office? By phone or by letter?

I'd start by phone but follow it up promptly by letter. On the phone, as noted above, you can always ask to speak to someone more senior. Are you planning to do the contacting, or your wife?

I will.

When she signed on recently there was a note to the effect that she should contact Preston Jobcentre. When I did so all they did was tell me to contact the HO. (I have submitted an appeal against their decision in the hope that any monies due will be backdated to the date she first made her claim.)

Hopefully the HO just wants to formally change her visa from ILE to ILR.

.

[VictoriaS]

They wouldn't do this. It must be about something else.

Spouses are not usually subject to these sponsorship undertakings, it is primarily elderly dependent relatives who are.

Victoria

[Eamon]

They wouldn't do this. It must be about something else.
Victoria

Perhaps this from the HO website:

If the basis on which you were granted leave to enter or remain in the UK no longer applies, you should write to the Home Office as soon as possible, quoting your full name, date of birth, nationality, the RD or SD number that accompanied the original application, the date that application was posted and your Home Office reference.

If you fail to tell us of a change that may affect your immigration status, you may be committing an offence and could be removed from the UK.

.

[VictoriaS]

I don't see how that is relevant in this case.


Victoria

[Eamon]

I don't see how that is relevant in this case.
Victoria

Hi Victoria.

Well, I thought, as there has been a change in the circumstances which allowed her to obtain ILE/ILR, the HO might officiously want the change ratified.

Anyway, I emailed the HO and received a reply which mainly stated what I already know about her visa status. It also advises that if she wants a letter confirming her visa status she must make a formal written request to BIA. It didn't say if there is any charge for this.

But it is not very helpful in finding out why her application for benefits has not been granted. It ends:

"Public Funds may claimed [sic] by a person with Indefinite Leave to Remain in the United Kingdom.
However, the granting of Public Funds is at the discretion of the Department of Work and Pensions (DWP)."

I would have thought she is either entitled to public funds or she isn't. And as she has ILR then she is. So DWP says it is up to the HO and the HO says it is up to the DWP. Meanwhile, while they pass the buck my ex-wife worries about how she will find next month's rent.

.

[vinny]

"Public Funds may claimed [sic] by a person with Indefinite Leave to Remain in the United Kingdom.
However, the granting of Public Funds is at the discretion of the Department of Work and Pensions (DWP)."

I would have thought she is either entitled to public funds or she isn't. And as she has ILR then she is. So DWP says it is up to the HO and the HO says it is up to the DWP. Meanwhile, while they pass the buck my ex-wife worries about how she will find next month's rent.

.

I'm guessing it means that although ILR/ILE holders may claim public funds under the immigration rules, these claims are subject to the relevant qualifying conditions set by the DWP, under their own policies.

[SYH]

[quote="Eamon"]My wife (from whom I have just separated after ten years of marriage, two in the UK), has ILR and recently applied for Income Support. When she was refused I phoned the relevant office, who told me that they had had a fax from the Home Office to the effect that she has no recourse to public funds although this is not on her visa. Then ask for a copy of the fax or ask to see this fax so you can understand where they are coming from. perhaps, they don't realize she has ILR and now can claim it. And you will have to educated them that her staus now does not prevent her from receiving such benefits.