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Official ref for "ILR is not subject to immigration control"

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

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azorpheunt
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Official ref for "ILR is not subject to immigration control"

Post by azorpheunt » Sat Jul 22, 2017 3:49 am

Hello,

Both me and spouse have ILR. I was hoping to apply for child benefit for kids (British citizens).

1. I have not been able to find an official source (i.e. on gov.uk website) which states that 'An ILR/Settlement holder is NOT subject to immigration control'.
Can you please point me towards immigration rules which state the above ?

2. Accordingly, when filling in the form for child benefit, what should I select for the following (form CH2 here: https://www.gov.uk/government/uploads/s ... _05_17.pdf) :

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Casa
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Re: Official ref for "ILR is not subject to immigration cont

Post by Casa » Sat Jul 22, 2017 9:19 am

When exactly were you granted ILR?

"If you have 'indefinite leave to remain' you are no longer subject to immigration control."

https://www.citizensadvice.org.uk/benef ... n-control/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

azorpheunt
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Re: Official ref for "ILR is not subject to immigration cont

Post by azorpheunt » Sat Jul 22, 2017 12:01 pm

Thank you very much Casa. I had googled a lot to find this, and the link you've posted was one of the links I found. Unfortunately, the only places I found to have clearly stated this are on forums and the like and not an official site.

I tried asking this same question to the Child Benefit helpline folks yesterday, but was met with a 'we are not sure, but if you submit your claim the immigration status will automatically be taken into account'.

I was granted ILR in Oct, 2016.

I am around 80% sure that ILR = 'not subject to immigration control', but just want to be absoultely certain so that my citizenship application is not jeopardized.

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Casa
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Re: Official ref for "ILR is not subject to immigration cont

Post by Casa » Sat Jul 22, 2017 12:22 pm

azorpheunt wrote:Thank you very much Casa. I had googled a lot to find this, and the link you've posted was one of the links I found. Unfortunately, the only places I found to have clearly stated this are on forums and the like and not an official site.

I tried asking this same question to the Child Benefit helpline folks yesterday, but was met with a 'we are not sure, but if you submit your claim the immigration status will automatically be taken into account'.

I was granted ILR in Oct, 2016.

I am around 80% sure that ILR = 'not subject to immigration control', but just want to be absoultely certain so that my citizenship application is not jeopardized.
The Citizen's Advice site is correct.

You can safely answer 'No' to the first question and continue onto question No.21
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Official ref for "ILR is not subject to immigration cont

Post by CR001 » Sat Jul 22, 2017 12:24 pm

ILR means you are settled and therefore 'free from immigration time restrictions' You are permitted now to claim benefits.

https://www.gov.uk/settle-in-the-uk

https://en.wikipedia.org/wiki/Indefinit ... blic_funds

You are overthinking this.
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azorpheunt
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Re: Official ref for "ILR is not subject to immigration cont

Post by azorpheunt » Sat Jul 22, 2017 12:33 pm

Great, thank you very much.

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