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.

Andrew,

Have a look at the discussion thread dated 11.1.2005 on this subject. Does it not help? On a more general level, there have been worries in the past that it is somehow incorrect to claim as a lone adult if you are actually part of a couple. However, the construction of s3(3)(b) of the TCA 2002 seems to allow for this.

Steve

here is a link to the previous discussion forum thread that steve has highlighted -

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=104&topic_id=720&mesg_id=720&page=

That's the thread I meant Steve. It seems to help but then it doesn't. (thanks Ken)

Thanks for s3(3)(b), the implications of which I struggle to comprehend. Surely s3(3)(b) itself is there to allow married or unmarried couple where one party is NOT in the UK then the one who is can make a claim on their own, and that if BOTH are in the UK then they BOTH have to make the claim jointly? Which then explains the TC (Imm) Regs saying 'forget the immigration status of person 2 if person 1 is entitled to make a claim.' to allow a mixed immigration status couple to make a claim.

But then BOTH have to satisfy the NI requirement etc. And that's the sticking point.

Andrew
1. Why is she worried that appearing on the claim would "rock the boat"? The TC Immigration Regs. allow for this sort of thing, so there should be no problem.
2. I don't know how TCO are dealing with this type of claim now, but I had one in late 2003. Couple submitted claim without husband (who was subject imm. control) entering NINO, as he had none. Nothing happened for ages. We advised him to apply for NINO. He was told he couldn't have a NINO interview until he got a job! Eventually, he got an appointment for a NINO interview, but before he had it the TC award came through with an artificial NINO entered on it for him. I'm not clear whether your couple have actually submitted a claim, but if not perhaps they could do the same.
3. Incidentally, I read s3(3)(b) differently from you or Steve. It seems to me to be simply a convoluted way of allowing claims from single people.

Thank you Derek - I thought they'd be doing something like that, ie takes ages and has no real meaning!!

People with vulnerable immigration statuses (statii??) get very paranoid about doing anything in my experience with very good reason. 'Public funds' can have a very wide meaning.

Thanks for all replies.