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Person entering outside the rules
have clients who have entered from kuwait outside the rules on entry clearance card 20/3/17
Had come to join father who had indefinate leave (refugee settlement)
Father has since died. Job centre plus state cannot claim anything for first 13 weeks. Is this correct for entrants arriving outside the rules?
Thanks
Sorry, not clear on the above post;
It is the deceased wife and 7 children under 18 who have arrived in UK ‘outside the rules’
i don’t understand “outside the rules” since that would make them illegal entrants, but if they were permitted to enter on the basis of late husband/father’s refugee status, that surely puts them inside the rules? i’d have them seek urgent immigration assistance if they haven’t already done so.
Leave to enter outside the rules means they were not entitled to LTE under the normal immigration rules but the Home Secretary used her discretion to grant them leave anyway. So I think it can be assumed reasonably safely that they do have leave.
What DWP are saying is that they must nevertheless satisfy the factual part of the habitual residence test, which requires an “appreciable period” of residence before you can claim most benefits. Traditionally that period tends to be seen by DWP as about three months for starters. However, people granted leave outside the rules are exempt from the factual HR test across all the DWP benefits and HB as well - they should be able to claim straightaway
Thanks HB Anorak.
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