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Does indefinite leave to remain come under immigration control?

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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Kutaiba1993
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Pakistan

Does indefinite leave to remain come under immigration control?

Post by Kutaiba1993 » Thu Mar 05, 2020 10:57 pm

Hi, I have got Ilr and had one baby last month. My wife is on flr m and she can not apply for any benefits.
Can I still apply for tax credit or not?
Does ILR comes under immigration control or not?
Regards

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CR001
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South Africa

Re: Does indefinite leave to remain come under immigration control?

Post by CR001 » Fri Mar 06, 2020 6:19 am

If you have ilr you can claim benefits you qualify for. Note it is likely universal credit now and not individual tax credits
Char (CR001 not Casa)
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vinny
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Re: Does indefinite leave to remain come under immigration control?

Post by vinny » Fri Mar 06, 2020 7:29 am

An ILR holder is not a person subject to immigration control under Section 115(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 which is subject to a condition that he does not have recourse to public funds;
  • (c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
  • (d)has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.
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