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Top Income Support & Jobseeker's Allowance topic #5134

Subject: "IS - Immigration status unknown" First topic | Last topic
mkwrg
                              

Caseworker, Milton Keynes Welfare rights group
Member since
03rd Oct 2007

IS - Immigration status unknown
Wed 06-Feb-08 12:02 PM

Hi,
Have received enquiry from connexions re an 18 yr old Somalian with Dutch passport, whole family came to Uk 7 yrs ago, although she is now estranged from fanily and are unclear on what immigration status is although I have advised that she has right to remain while exercising her treaty rights. She is working Part time but is now 17 wks pregnant, living with her partner who is a Fulltime student and estranged from his family. He has been advised to claim IS.
She has also been advised to claim IS, I have some concerns over whether she has a right to claim and its affect on an application to remain if she has no recourse which appears to be the case.
I have advised that if she has no recourse and partner claims an addition on his benefit for her this may also have immigration implications.
Advised can claim CB, CTC.
Can she claim IS under Article 12 as she has been economically active?
without jeapordising permanent rights.
Thanks for any advice!!

  

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Replies to this topic
RE: IS - Immigration status unknown, ariadne2, 06th Feb 2008, #1
RE: IS - Immigration status unknown, mkwrg, 07th Feb 2008, #2
      RE: IS - Immigration status unknown, claire hodgson, 07th Feb 2008, #3

ariadne2
                              

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

RE: IS - Immigration status unknown
Wed 06-Feb-08 04:47 PM

If she has Dutch nationality then the issue of recourse to public funds does not apply as it is irrelevant to EU nationals. Presumably when she came with her parents she was only a child and went to school, so was a dependant of her parents (did they work?). Provided she has been lawfully living in this country for 5 years or more, why hasn't she got permanent rights of residence?

  

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mkwrg
                              

Caseworker, Milton Keynes Welfare rights group
Member since
03rd Oct 2007

RE: IS - Immigration status unknown
Thu 07-Feb-08 07:58 AM

Dont know why she hasnt got Permanent residence, I have been told that they applied for something and have been refused, her father did work for a time but is now poorly. They all applied to the home office last year and were all refused and the home office have told the connexions worker that they have no recourse(her words). I have advised it would be a good idea to see paperwork

  

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claire hodgson
                              

Solicitor, Askews Solicitors, Thornaby, Stockton on Tees
Member since
17th May 2005

RE: IS - Immigration status unknown
Thu 07-Feb-08 08:45 AM

i would have thought confusion might have crept in if people say "somali" not "dutch"... the latter would be correct if she has a dutch passport (irrespective of her ethnic origin) and might resolve a lot of confusion...

  

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Top Income Support & Jobseeker's Allowance topic #5134First topic | Last topic