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Claiming benefits on Exempt Visa

Questions and discussions about claiming benefits while living and working in the UK

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walexwal
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Claiming benefits on Exempt Visa

Post by walexwal » Mon Oct 18, 2021 6:00 pm

Hello,

I want some advice, please.

I am currently working for an international organisation, which is listed here List of International Organisations. I now have an exempt visa sticker on my passport, which includes: "Exempt from Immigration control: Section 8(2) or (3)".

I would like to know the following, please:

- Can I claim public funds on this Visa as I am exempted from immigration control?
- Can I apply for ILR (10 years route) on this Visa?


Kind Regards,

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Claiming benefits on Exempt Visa

Post by JB007 » Tue Oct 19, 2021 3:15 pm

walexwal wrote:
Mon Oct 18, 2021 6:00 pm
- Can I claim public funds on this Visa as I am exempted from immigration control?
What does your international organsiation that has exempt staff, say about their staff being able to claim benefits while in the UK?

Or you could try a benefit calculator to see if your employer doesn't know.
https://benefits-calculator-2.turn2us.o ... 5d8b81eb08

What country are you a citizen of? Some countries have agreements with the UK. Apart from that, usually you would have to have settlement to be able to claim benefits. e.g. ILR, British citizenship, the EU Settled Status.

JB007
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Re: Claiming benefits on Exempt Visa

Post by JB007 » Tue Oct 19, 2021 3:32 pm

JB007 wrote:
Tue Oct 19, 2021 3:15 pm
walexwal wrote:
Mon Oct 18, 2021 6:00 pm
- Can I claim public funds on this Visa as I am exempted from immigration control?
What does your international organsiation that has exempt staff, say about their staff being able to claim benefits while in the UK?
Thinking about it, as your employer brings in exempt visa staff, they must know if these staff can have UK public funds without being in breach of their visa.

JB007
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Joined: Sun Jan 20, 2019 2:14 pm

Re: Claiming benefits on Exempt Visa

Post by JB007 » Tue Oct 19, 2021 3:37 pm

walexwal wrote:
Mon Oct 18, 2021 6:00 pm

- Can I apply for ILR (10 years route) on this Visa?
Reading the government site, an exempt visa for an international organisation, seems to be for a maximum of 5 years, but can be for fewer years? How long is your visa for?

THO
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Re: Claiming benefits on Exempt Visa

Post by THO » Wed Oct 20, 2021 8:34 am

What public funds do you want to claim and why?

JB007
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Re: Claiming benefits on Exempt Visa

Post by JB007 » Thu Nov 04, 2021 1:20 pm

walexwal wrote:
Mon Oct 18, 2021 6:00 pm
I now have an exempt visa sticker on my passport, which includes: "Exempt from Immigration control: Section 8(2) or (3)".

...

I would like to know the following, please:

- Can I claim public funds on this Visa as I am exempted from immigration control?
...
A bit late, but this "and" seems to sugest that you can't have UK public funds as you have a time limit on your stay in the UK?

In order be eligible to access certain benefits and other support and assistance, non-
British citizens will need to be living in the UK (for example having indefinite
permission to stay or enter or having a no time limit on their stay) and are not subject
to an NRPF condition.

Page 10
https://www.gov.uk/government/publications/public-funds

You never answered the question below.
JB007 wrote:
Tue Oct 19, 2021 3:37 pm
Reading the government site, an exempt visa for an international organisation, seems to be for a maximum of 5 years, but can be for fewer years? How long is your visa for?

vinny
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Re: Claiming benefits on Exempt Visa

Post by vinny » Thu Nov 04, 2021 1:30 pm

If there is no "No recourse to Public Funds" prohibition notice on your visa, then I think you probably may be able to claim.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JB007
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Re: Claiming benefits on Exempt Visa

Post by JB007 » Thu Nov 04, 2021 1:36 pm

vinny wrote:
Thu Nov 04, 2021 1:30 pm
If there is no "No recourse to Public Funds" prohibition notice on your visa, then I think you probably may be able to claim.
It's not the claiming benefits that is the problem, it's receiving public funds that they must not take that is the problem. Benefit staff are not immigration experts and it is up to the visa holder to ensure they don't take what they are not allowed.

They might want to consult an specialist benefit immigration advisor before they apply.

vinny
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Re: Claiming benefits on Exempt Visa

Post by vinny » Thu Nov 04, 2021 1:57 pm

If the visa does not have a "No Recourse to Public Funds" (NRPF) condition notice, then what prevents the visa holder from receiving the benefits that he may eligible to claim?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Claiming benefits on Exempt Visa

Post by JB007 » Thu Nov 04, 2021 6:45 pm

vinny wrote:
Thu Nov 04, 2021 1:57 pm
If the visa does not have a "No Recourse to Public Funds" (NRPF) condition notice, then what prevents the visa holder from receiving the benefits that he may eligible to claim?
There is an "and".
JB007 wrote:
Thu Nov 04, 2021 1:20 pm

In order be eligible to access certain benefits and other support and assistance, non-
British citizens will need to be living in the UK (for example having indefinite
permission to stay or enter or having a no time limit on their stay) and are not subject
to an NRPF condition.

Page 10
https://www.gov.uk/government/publications/public-funds

Also this from page 9

From page 9
Why are there restrictions on migrants
accessing benefits and services?


People wishing to come to the UK are expected to be able to maintain and
accommodate themselves and their families until they are settled here. This is
important in reassuring the public that immigration brings real benefits to the UK and
that its finite resources are protected for British citizens and those who have lawfully
settled here on a permanent basis.




For migrants who don't have settlement but who want UK Public Funds, it might be a wise move to consult an immigration advisor who specialises in public funds before they apply.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Claiming benefits on Exempt Visa

Post by vinny » Sat Nov 06, 2021 7:18 am

JB007 wrote:
Thu Nov 04, 2021 6:45 pm
For migrants who don't have settlement but who want UK Public Funds, it might be a wise move to consult an immigration advisor who specialises in public funds before they apply.
Good advice. Agree absolutely.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Claiming benefits on Exempt Visa

Post by JB007 » Sat Nov 06, 2021 10:40 am

vinny wrote:
Sat Nov 06, 2021 7:18 am
JB007 wrote:
Thu Nov 04, 2021 6:45 pm
For migrants who don't have settlement but who want UK Public Funds, it might be a wise move to consult an immigration advisor who specialises in public funds before they apply.
Good advice. Agree absolutely.
It's what the charities advise migrants to do with anything that is public funds and they will often give a link to where to find advisors.

walexwal
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Re: Claiming benefits on Exempt Visa

Post by walexwal » Wed Jan 12, 2022 9:20 pm

JB007 wrote:
Tue Oct 19, 2021 3:37 pm
walexwal wrote:
Mon Oct 18, 2021 6:00 pm

- Can I apply for ILR (10 years route) on this Visa?
Reading the government site, an exempt visa for an international organisation, seems to be for a maximum of 5 years, but can be for fewer years? How long is your visa for?
It's for a five-year period which will make my stay in the UK to be 8 years.

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