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Subject: "maintenance undertaking / sponsorship ends" First topic | Last topic
glenys
                              

benefits and income adviser,, Places for People Homes, Yorks/Humber
Member since
14th Feb 2007

maintenance undertaking / sponsorship ends
Mon 02-Jul-07 03:25 PM

I keep being asked this one and I don't think there's an answer but just in case....
Maintenance undertaking ends before 5 years up eg through relationship breakdown/ insufficient funds.
Given that it really is a "benefit related" maintenance undertaking, and given that there is no other over-riding immigration status such as Indefinite leave to remain or family reunion rules, is there any way at all the previously sponsored person can claim benefits? Failing that is there anything other than social services assistance which from what I've read is only applicable in extreme cases eg destitution ??? thanks

  

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Replies to this topic
RE: maintenance undertaking / sponsorship ends, ariadne2, 02nd Jul 2007, #1
RE: maintenance undertaking / sponsorship ends, glenys, 02nd Jul 2007, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: maintenance undertaking / sponsorship ends
Mon 02-Jul-07 04:10 PM

The only exception in the Regulations is the death of the sponsor. I would also be concerned that now that the maintenance has ceased, such a person is unlikely to have any continuing right to stay in the UK as the leave was conditional only on maintenance and there must be a high risk of the Home Office deciding they are an overstayer and sending them "home". There are links between DWP and IND, and there will have been a condition of no recourse to public funds attached tot he leave to enter. This means that anything that looks like an application for public funds, unless covered by the exception, is a breach of the immigration rules and hence trouble in its own right.

  

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glenys
                              

benefits and income adviser,, Places for People Homes, Yorks/Humber
Member since
14th Feb 2007

RE: maintenance undertaking / sponsorship ends
Mon 02-Jul-07 04:36 PM

thanks for this- very clear.

  

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