JSA refused as Limited Leave to Remain expired whilst awaiting decision on Indefinite Leave to Remain

My client was granted LLR (Limited Leave to Remain) 5 years ago, which expired in June 2012.  In July 2012 our client made an application for ILR (Indefinite Leave to Remain), for which a decision is pending.

As he had no visa his employer terminated his employment.  Our client made a claim for JSA, which was refused on the grounds that he has no recourse to public funds.

Question:  are there any grounds of appeal?  Are there any grounds for us to request the Secretary of State to apply discretion here?

Our client has a partner and x2 dependents, one of which was born in the UK after the LLR was granted. 

Our client is still receiving Child Benefit and Child Tax Credit.

He is a Eritrean National and arrived in the UK in 2005.

Any suggestions and advice will be most appreciated.

Thank you

If your client had applied to the Home Office before the expirey date he would be OK as the LLR would have continued but since he applied afterwards he the became an “overstayer” with no entitlement to any benefits.

Try Social Services Childrens Act as they would have a duty to the child.

What nationality is the child’s father ?