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Family reunion scheme for refugees and claims for JSA/IS/ESA
I’ve had a couple of cases recently involving partner’s of client’s, where the client has refugee status/limited leave to remain, and their partner has come to the UK to join them under the ‘family reunion scheme’. There is no ‘no recourse to public funds’ restriction stated within the passports of the partner, as a condition of their right to stay in the UK, so if the habitual residence test was satisfied (could be an issue to show intention to settle permanently as for most of the ones I’ve seen, the period of leave granted is initially very limited and is pending further leave being granted) is it correct that there is otherwise no restriction of the partners right to claim benefits?
I saw a client today in this situation and established by phone with the DWP that they appear to have refused JSA on the grounds that his immigration status doesn’t permit him to claim (no decision letter confirming this issued yet, awaiting call back from decision letter to clarify etc). I think the confusion lies with the wording in the visa where it is is referred to the partner with refugee status being the ‘sponsor’ of the partner coming to join them. This could be confused with other types of visa where the applicant is subject to a no recourse to public funds condition, and a condition of their leave being granted is that their ‘sponsor’ is able to support them financially. However, is there any restriction on the right of claimants who have come to the UK under this scheme to claim means tested benefits that I have missed?
My understanding is that if the following apply the person with that status and their family members can claim benefits. Also see CPAG p1560.
or check DMG JSA/IS101 which however has been archived on above link.
Sourse is a rightnet question and reply back in July 2005