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Carers allowance

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

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Miichetii
Newly Registered
Posts: 2
Joined: Thu Jan 16, 2020 4:38 pm

Carers allowance

Post by Miichetii » Fri Jan 17, 2020 8:44 am

Hello everyone
I just need some clarification.
My wife has came from Pakistan on a spouse visa ( 5 year route) and on her BRP it says no access to public funds she can apply for indefinite leave to remain on January 2021. I my self am a British national, working full-time and my wage is above what of financially required.
Around 9 months ago my dad (British national) had a stroke and my wife helps him with cooking cleaning etc my dad has started getting attendeance allowance

My question
Am I right to assume that if she claims carers allowance it will effect her visa when it comes to applying for indefinite leave to remain.

Thank you in advance

Amber
Moderator
Posts: 17448
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: Carers allowance

Post by Amber » Fri Jan 17, 2020 9:07 pm

It’s a very tricky situation, carers allowance. Carer’s Allowance is a public fund, therefore, a person who is subject to immigration control, such as your spouse, should not claim it. However, there is an exemption, potentially, under EU law to allow a person who is subject to immigration control and has a British family member to claim. There are two conflicting Upper Tribunal cases, and one case concerning your situation at the Upper Tribunal at the moment. I suggest you wait until the outcome of that case, bearing in mind you can back date Carer’s Allowance 3 months, should your spouse need to claim.
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Miichetii
Newly Registered
Posts: 2
Joined: Thu Jan 16, 2020 4:38 pm

Re: Carers allowance

Post by Miichetii » Sat Jan 18, 2020 11:34 am

Thank you amber, appreciate your reply.

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