Child Benefit compensation due to ILR 4~5 years changing

I have been working in the UK under HSMP since May 2004. If I got ILR in May 2008 then I can apply for Child Benefit and Tax Credit (at least £1500 per year). But actually I cannot got these benefit due to Home Office exteded the qualifying period of ILR from 4 to 5 years.
now the Judicial review made it clear that 4~5 years changing in ILR qualifying period is illegal. Can I ask Home Office to pay the compensation caused by the delay of ILR?

Can I ask Home Office to pay the compensation caused by the delay of ILR?

There is nothing to stop you asking! And it would be interesting to know their reaction to your request for compensation.

John wrote:

Can I ask Home Office to pay the compensation caused by the delay of ILR?

There is nothing to stop you asking! And it would be interesting to know their reaction to your request for compensation.

If HO give ILR w.e.f end of 4 years ( back date ) as per JR judgement ( 5 years unlawful and remedy ) , they should give us all benefits. Not only that HO should give compensation for giving us extra mental strees by imposing their UNLAWFUL rule.

HO was always saying that this new rule was not retrospective nature. Now HO will understand well what is the real definition of ' retrospective ' !!

crazychris wrote:I have been working in the UK under HSMP since May 2004. If I got ILR in May 2008 then I can apply for Child Benefit and Tax Credit (at least £1500 per year). But actually I cannot got these benefit due to Home Office exteded the qualifying period of ILR from 4 to 5 years.
now the Judicial review made it clear that 4~5 years changing in ILR qualifying period is illegal. Can I ask Home Office to pay the compensation caused by the delay of ILR?

It is worth a try, but I doubt it. There are two problems:

a) you did not apply for ILR (nor for benefits), so it could not have been granted

b) even if you had applied and the 4 year rule had still been in place, there is no time limit on how long it takes to process the application.

You have to argue with certainty that without the illegal changes, you would be in a better position now, and that is very difficult.

crazychris wrote:I have been working in the UK under HSMP since May 2004. If I got ILR in May 2008 then I can apply for Child Benefit and Tax Credit (at least £1500 per year). But actually I cannot got these benefit due to Home Office exteded the qualifying period of ILR from 4 to 5 years.
now the Judicial review made it clear that 4~5 years changing in ILR qualifying period is illegal. Can I ask Home Office to pay the compensation caused by the delay of ILR?

What do you mean by you cannot get it, if you have ILR stamp on your passport before the rule had changed, they shouldnt refuse to give you both child benefit and the tax credit.

Regards,