Questions and discussions about claiming benefits while living and working in the UK
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
-
cgp247
- Newly Registered
- Posts: 3
- Joined: Tue Sep 25, 2018 9:10 pm
Post
by cgp247 » Tue Sep 25, 2018 9:59 pm
Hello guys I am new in this forum .I appreciate your advice.
My ILR was revoked in 2015 for TOEIC. Then I had to go through very hard time. After fighting approximately three years I won my case. Judge clearly mentioned he is fully satisfied with my interview and allowed my appeal under immigration rules.
I have two children and my child benefit was continued. In 2017 I received letter from Child benefit office stating that there is some over payment occurred because of the revocation. I explained the situation and request some time from them. Child benefit office allowed me 12months. After 12months they start writing to recover the over payment. I have sent them the copy of the judgement. They reply when the over payment occurred I didn’t had any lawful status. I appeal against this decision and my hearing was yesterday at magistrate court. Even there I found the judge is confused.
I explained to the judge after HO reinstated my visa my application for naturalisation allowed straightway and I am a British citizen now. The judge keep replying in that (TOEIC) judgement the judge didn’t mention anything about the time from 2015 to 2017 ( Revocation to judgement date).
So the judge from the magistrate court in not sure does this win (TOEIC 2017) means I was lawfully staying in this country.
The judge from magistrate court allowed me 21 days to explain this time period and send him further documents.
Please advise me on this matter .
-
Londoner007
- Diamond Member
- Posts: 1651
- Joined: Mon Feb 13, 2017 9:29 am
Post
by Londoner007 » Thu Sep 27, 2018 2:48 pm
Yes one advise - see a legal adviser who specialises in Welfare benefits
Verily, After Hardship Comes Ease
-
cgp247
- Newly Registered
- Posts: 3
- Joined: Tue Sep 25, 2018 9:10 pm
Post
by cgp247 » Fri Sep 28, 2018 9:59 am
Thanks for your advice. Actually I am looking for the paragraph which cover and indicate the winning the appeal means I was living in UK lawfully.
Even the judge asked me to show him the immigration rules which cover this period.
-
Londoner007
- Diamond Member
- Posts: 1651
- Joined: Mon Feb 13, 2017 9:29 am
Post
by Londoner007 » Fri Sep 28, 2018 12:53 pm
Perhaps you can get clarification from the judge that allowed your appeal and send that into DWP.
Verily, After Hardship Comes Ease
-
cgp247
- Newly Registered
- Posts: 3
- Joined: Tue Sep 25, 2018 9:10 pm
Post
by cgp247 » Sat Sep 29, 2018 11:55 pm
Perhaps the judge is confuse him self. He was asking me to show him any immigration rules which cover the time period I was residing lawfully.
-
Londoner007
- Diamond Member
- Posts: 1651
- Joined: Mon Feb 13, 2017 9:29 am
Post
by Londoner007 » Mon Oct 01, 2018 9:26 am
Judges are still human and make a lot of mistakes. That's why I advised you to seek specialist benefits representative.
Verily, After Hardship Comes Ease
-
London20
- Newbie
- Posts: 47
- Joined: Mon Dec 29, 2014 7:47 pm
Post
by London20 » Sat Oct 20, 2018 10:50 pm
cgp247 wrote: ↑Tue Sep 25, 2018 9:59 pm
Hello guys I am new in this forum .I appreciate your advice.
My ILR was revoked in 2015 for TOEIC. Then I had to go through very hard time. After fighting approximately three years I won my case. Judge clearly mentioned he is fully satisfied with my interview and allowed my appeal under immigration rules.
I have two children and my child benefit was continued. In 2017 I received letter from Child benefit office stating that there is some over payment occurred because of the revocation. I explained the situation and request some time from them. Child benefit office allowed me 12months. After 12months they start writing to recover the over payment. I have sent them the copy of the judgement. They reply when the over payment occurred I didn’t had any lawful status. I appeal against this decision and my hearing was yesterday at magistrate court. Even there I found the judge is confused.
I explained to the judge after HO reinstated my visa my application for naturalisation allowed straightway and I am a British citizen now. The judge keep replying in that (TOEIC) judgement the judge didn’t mention anything about the time from 2015 to 2017 ( Revocation to judgement date).
So the judge from the magistrate court in not sure does this win (TOEIC 2017) means I was lawfully staying in this country.
The judge from magistrate court allowed me 21 days to explain this time period and send him further documents.
Please advise me on this matter .
Hi,could you tell as how did you sorted your toeic case,please ,many thanks
-
London20
- Newbie
- Posts: 47
- Joined: Mon Dec 29, 2014 7:47 pm
Post
by London20 » Sun Oct 21, 2018 1:12 pm
cgp247 wrote: ↑Fri Sep 28, 2018 9:59 am
Thanks for your advice. Actually I am looking for the paragraph which cover and indicate the winning the appeal means I was living in UK lawfully.
Even the judge asked me to show him the immigration rules which cover this period.
Please reply to me comment.share your solicitors name .thanks
-
CR001
- Moderator
- Posts: 86953
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Sun Oct 21, 2018 2:47 pm
London20 wrote: ↑Sun Oct 21, 2018 1:12 pm
cgp247 wrote: ↑Fri Sep 28, 2018 9:59 am
Thanks for your advice. Actually I am looking for the paragraph which cover and indicate the winning the appeal means I was living in UK lawfully.
Even the judge asked me to show him the immigration rules which cover this period.
Please reply to me comment.share your solicitors name .thanks
Members are not permitted to post names and details of solicitors on the forum!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
