granted LTR but confused RE public funds

bahwe · Post by **bahwe** » Wed Jun 05, 2013 11:37 am

Hi
granted last week Limited leave to remain outside immigration rules. Received recently BRP. On the card it doesn't mention that I have no recourse to public funds and the paper that explain the decision to grant LTR and my status it says among other rights that I can approach the job centre to look for work or claim benefits. I am aware that people with LTR r under immigration control and have no recourse to public funds. But when looking at my BRP and paperwork I feel confused! Help plz

Amber · Post by **Amber** » Wed Jun 05, 2013 3:01 pm

bahwe wrote:Hi
granted last week Limited leave to remain outside immigration rules. Received recently BRP. On the card it doesn't mention that I have no recourse to public funds and the paper that explain the decision to grant LTR and my status it says among other rights that I can approach the job centre to look for work or claim benefits. I am aware that people with LTR r under immigration control and have no recourse to public funds. But when looking at my BRP and paperwork I feel confused! Help plz

Your leave to remain has been granted outside the normal immigration rules and therefore you can claim public funds (providing your visa does not state No Recourse to Public Funds).

bahwe · Post by **bahwe** » Wed Jun 05, 2013 8:12 pm

Thanks for the reply. I have been browsing the internet.for 2 days but could only find about LTR and no recouse to public funds according to New regulations. If u could plz direct me to a link about LTR outside the immigrati.on rules with recourse topub funds
my other question: In ILR application form an applicant has to metion if was in receipt of any benefits whilst on limited leave. To my understanding claiming benefits would make ILR application unsuccessful. My question: will.it still be unsuccessful even if the applicant had the right to claim benefits while on LTR ?
Answers would b much appreciated

Amber · Post by **Amber** » Wed Jun 05, 2013 9:11 pm

bahwe wrote:Thanks for the reply. I have been browsing the internet.for 2 days but could only find about LTR and no recouse to public funds according to New regulations. If u could plz direct me to a link about LTR outside the immigrati.on rules with recourse topub funds
my other question: In ILR application form an applicant has to metion if was in receipt of any benefits whilst on limited leave. To my understanding claiming benefits would make ILR application unsuccessful. My question: will.it still be unsuccessful even if the applicant had the right to claim benefits while on LTR ?
Answers would b much appreciated

Section 119 of the Immigration and Asylum Act 1999 wrote:
(9)“A person subject to immigration control” means a person who is not a national of an EEA State and who—
(a)requires leave to enter or remain in the United Kingdom but does not have it;
(b)has leave to enter or remain in the United Kingdom ;
(c)has leave to enter or remain in the United Kingdom given as a result of which is subject to a condition that he does not have recourse to public fundsa maintenance undertaking; or
(d)has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

As your leave to remain does not have a condition of no recourse to public funds you are not subject to immigration control. Also, people who have LOTR are generally exempt from the habitual residence test for benefits.

If you are not subject to immigration control it will not affect your ILR application if you claim public funds.

Out of curiosity may I ask why you were granted LOTR? Was this Discretionary Leave to remain (DLR)?

bahwe · Post by **bahwe** » Wed Jun 05, 2013 9:44 pm

Thank u again!
I'm intrigued as I was granted Limited leave To remaIn outside the immigration rules and from what I have been reading DLR for 3 years that enabled people to claim benefits is not being issued anymore. Instead there is LTR for 30 months without recourse to pub funds.
I was on legacy as failed asylum seeker. Been in the country for 12 years and have two kids one is 12 naturalized British on his 10th birthday and the young one who is nearly 10 was granted as my dependent LTR. My caseworker thought that I don't fall under art8 according to him I dont meet all the requrements but decided to grant me LTR on a discretionary basis.

Amber · Post by **Amber** » Wed Jun 05, 2013 9:49 pm

bahwe wrote:Thank u again!
I'm intrigued as I was granted Limited leave To remaIn outside the immigration rules and from what I have been reading DLR for 3 years that enabled people to claim benefits is not being issued anymore. Instead there is LTR for 30 months without recourse to pub funds.
I was on legacy as failed asylum seeker. Been in the country for 12 years and have two kids one is 12 naturalized British on his 10th birthday and the young one who is nearly 10 was granted as my dependent LTR. My caseworker thought that I don't fall under art8 according to him I dont meet all the requrements but decided to grant me LTR on a discretionary basis.

The old DLR (I assume your case) did allow applicant's to claim public funds and work. However, the new DLR (no longer family life issues) is indeed a 10 year route to settlement (old DLR was a 6 year route) and does not allow the applicant to claim public funds (generally) but they can work. The new family route is also a 10 years route to settlement (4 x 2.5 year visas).

bahwe · Post by **bahwe** » Thu Jun 06, 2013 7:42 am

Although my case Was on legacy and pending for years it has been decided in accordance with the New rules. And according to the New rules people granted LTR r under immigration control. I could not thus find anything within the New rules about LTR outside the immigration rules with recourse to pub funds. I'm beginning to wonder if they made a mistake while issuing the BRP and forgot to mention no recourse to public funds!

Amber · Post by **Amber** » Thu Jun 06, 2013 8:35 am

bahwe wrote:Although my case Was on legacy and pending for years it has been decided in accordance with the New rules. And according to the New rules people granted LTR r under immigration control. I could not thus find anything within the New rules about LTR outside the immigration rules with recourse to pub funds. I'm beginning to wonder if they made a mistake while issuing the BRP and forgot to mention no recourse to public funds!

LOTR is different and is applied at the discretion of the caseworker and can still be granted and allow the applicant to claim public funds. If you want to be certain for your own peace of mind just give the ukba a call and ask them.

bahwe · Post by **bahwe** » Thu Jun 06, 2013 9:01 am

I will write to them in order to get a written evidence from them (just in case). I really appreciate ur help

bahwe · Post by **bahwe** » Thu Jun 06, 2013 9:30 am

Finally found something about people granted LOTR and being exempt from HRT
http://www.adviceguide.org.uk/wales/ben ... he_hrt.htm

bahwe · Post by **bahwe** » Thu Jun 06, 2013 9:48 am

Mind that this applies to Wales. So there are some info on that page that don't apply to u if u don't live there. Such as if u r the parent of a British or EU child. So people under Zambrano don't get confused!

bahwe · Post by **bahwe** » Thu Jun 06, 2013 9:57 am

Just for clarification as I don't want to confuse people
"Parents with a Zambrano right are not entitled to means-tested benefits (housing benefit, income support, etc). The right to claim benefits ended on 8 November 2012 at the same time as the Zambrano right was included in the EEA regulations.
In England, parents with a Zambrano right are not entitled to a housing allocation or homelessness assistance unless they made their application before 8 November 2012 (in which case their application remains valid).
In Wales, parents with a Zambrano right are eligible for housing and homelessness assistance."

Amber · Post by **Amber** » Thu Jun 06, 2013 12:55 pm

D4109125 wrote:
bahwe wrote:Thanks for the reply. I have been browsing the internet.for 2 days but could only find about LTR and no recouse to public funds according to New regulations. If u could plz direct me to a link about LTR outside the immigrati.on rules with recourse topub funds
my other question: In ILR application form an applicant has to metion if was in receipt of any benefits whilst on limited leave. To my understanding claiming benefits would make ILR application unsuccessful. My question: will.it still be unsuccessful even if the applicant had the right to claim benefits while on LTR ?
Answers would b much appreciated

Section 119 of the Immigration and Asylum Act 1999 wrote:
(9)“A person subject to immigration control” means a person who is not a national of an EEA State and who—
(a)requires leave to enter or remain in the United Kingdom but does not have it;
(b)has leave to enter or remain in the United Kingdom ;
(c)has leave to enter or remain in the United Kingdom given as a result of which is subject to a condition that he does not have recourse to public fundsa maintenance undertaking; or
(d)has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.
As your leave to remain does not have a condition of no recourse to public funds you should be entitled to public funds. Also, people who have LOTR are generally exempt from the habitual residence test for benefits.
If you are not subject to immigration control (for the purpose of public funds) it will not affect your ILR application if you claim public funds.

Out of curiosity may I ask why you were granted LOTR? Was this Discretionary Leave to remain (DLR)?

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granted LTR but confused RE public funds

granted LTR but confused RE public funds

Re: granted LTR but confused RE public funds