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can maternity allowance on ILR affect on naturalisation

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

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navnas
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can maternity allowance on ILR affect on naturalisation

Post by navnas » Fri Jun 04, 2010 11:38 am

Hi Guys ,

Can some body plz advise if my wife who is currently pregnant claim maternity allowance while on ILR which she got along side me last year as a HSMP dependent and will this impact in any way when she will be applying for her naturalisation end of this year as a spouse of British citizen( me , got naturalised this year) ??
Any body Plz ?

John
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Post by John » Fri Jun 04, 2010 1:41 pm

If you look at the definition of Public Funds, as in para 6 of the Immigration Rules, you will see that there is nothing maternity-related in that definition.

But are you sure she meets the qualification conditions for Maternity Allowance?
John

mrlookforward
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Re: can maternity allowance on ILR affect on naturalisation

Post by mrlookforward » Fri Jun 04, 2010 4:24 pm

navnas wrote:Hi Guys ,

Can some body plz advise if my wife who is currently pregnant claim maternity allowance while on ILR which she got along side me last year as a HSMP dependent and will this impact in any way when she will be applying for her naturalisation end of this year as a spouse of British citizen( me , got naturalised this year) ??
Any body Plz ?
She has ILR and can claim anything she is entitled to, without having any effect on naturalisation.
Last edited by mrlookforward on Fri Jun 04, 2010 4:30 pm, edited 1 time in total.

John
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Post by John » Fri Jun 04, 2010 4:26 pm

Nicely spotted .... of course!
John

navnas
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Post by navnas » Fri Jun 04, 2010 5:11 pm

John wrote:If you look at the definition of Public Funds, as in para 6 of the Immigration Rules, you will see that there is nothing maternity-related in that definition.

But are you sure she meets the qualification conditions for Maternity Allowance?
Thanks John for the reply ... really appreciate it ..

yes she qualifies to claim MA as her current employers cannot give her the SMP .

I was a bit concerned that will this have any impact on her Naturalisation application as she couldn't apply for naturalisation along with me this year as she didn't had completed 3 years then ....

The other thing is i read some where that if a person gets ILR where a formal undertaking is given by the sponsor then he/she cannot claim public funds until 5 years are complete .. In my wife's case she came as a HSMP dependent and i gave the undertaking when she applied for the initial entry visa so is that still valid even she got the ILR with me as my dependent ?

thanks for your time ...

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 5:23 pm

Are you sure you gave an undertaking that she wont claim benefits for 5 years? If you really did, then you would be the first person with HSMP who gave such an undertaking. Congratulation for becoming number one. :)

navnas
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Post by navnas » Fri Jun 04, 2010 7:11 pm

mrlookforward wrote:Are you sure you gave an undertaking that she wont claim benefits for 5 years? If you really did, then you would be the first person with HSMP who gave such an undertaking. Congratulation for becoming number one. :)
thanks for the reply ....No i didn't do any such thing ....

The thing iam refering to is the invitation/supporting letter and sponsorship undertaking when she applied for her initial HSMP dependent visa almost 3 years ago ...

On the ILR there is no condition indicated when she got along with me last year...

mrlookforward
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Post by mrlookforward » Fri Jun 04, 2010 10:09 pm

Just dont think about it, the question you asked was totally irrelevant to you/your wife. Its about some other immigration categoy, and I dont see the need to explain it to you, lol.

You/your wife are totally free to claim anything you are entitled to. So just chillax. :lol:

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