There has been at least one post on this where one half of a couple can claim benefits (in my case the potential claimant is a refugee) but the other has no recourse to public funds and as a side issue also has no NiNo.
Reg 3(2) TC (Immigration) Regs 2003 allows such a claim to be treated as if neither party had any restriction on claiming. Sounds good? No.
If the non-claimable partner could not be part of the claim it could be assessed as a lone parent claim. Same money in the end after all as a couple claim. Partner ignored just like in IS.
Making BOTH be party to the claim actually makes things much harder. With my client, as I suspect many others, partner with no rights is trying to naturalise and acquire rights, and so is very loathe to do anything to rock the boat in any way. Like appear on a claim.
I think I might get over that, but my thought is - as the claim is now already delayed several months, would it speed things up for the non-claimable partner to apply for a NiNo independently?
I have a feeling she won't want to, even though I imagine such a process is on the TCO backburner and holding up the whole claim already.
I want to assure my client's partner that asking for a NiNo won't jeopardise her claim for UK residence rights. But am I right, and if so why?
Any pointers on possible speed ups I can do on this claim very gartefully received.
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