Refugee family w/out BRPs - unable to prove imm. status

One of our clients applied for family reunion almost as soon as he got refugee status. It’s taken so long for the Home Office to process the application that now that they have finally arrived, his refugee status is about to expire (in October), and so the same for his family, whose leave is in line with his. They will apply for ILR from late September/early October, to then have Section 3c leave.

The Home Office have said that they will not issue BRPs to the family because their leave is valid for less than 6 months. Lack of proof of ID is causing issues with proving his wife’s immigration status to UC, and in registering his older children with college (which will in turn affect their ability to be dependent children on his UC claim as they are over 16).

The family’s only income is our client’s UC (standard + LCWRA), but they are now a married couple with 5 children, aged between 8 and 18, and so it’s pretty critical to get them more in UC etc. ASAP. 

His wife has been asked by UC to upload a photo of the front and back of her BRP, which she obviously cannot do. There’s another ‘to-do’ of reporting the details of her immigration document details - she only has her passport from her country of origin, with an entry clearance stamped on arrival to the UK. His immigration solicitor is trying to get the Home Office to at least confirm in writing the family’s immigration status’, but this is likely to take some time.

I will leave a message on their UC journal very clearly explaining that the family have leave in line with our client (their father/husband), have recourse to public funds, and will as soon as they are able to apply for ILR, but in the meantime are eligible for benefits and should be considered habitually resident immediately. I will also try to liaise with someone at the college to explain the situation.

^Does anyone have any other advice as to what I can reference in a message to UC?!^

Her passport is proof of her ID. There has to be a paper trail confirming family reunion has been granted. The immigration solicitor ought to have this - i.e. Home Office letter confirming the grant. The solicitor ought also to be able to confirm that a) HO will not issue BRPs with six months of current leave remaining and b) that an application for current leave to be varied cannot be made whilst that current leave has more than a month to run (I think it’s a month - it might be 28 days - the solicitor will know ). I would get the solicitor to put that in writing.* That would be enough to win any appeal - benefit should not be refused because of the absence of a particular document where the totality of the evidence does show a person’s status and ID. But whether it would be sufficient to get a DM to see sense and make an appeal unnecessary is entirely different.

(* the solicitor’s confirmation that an in-time application to vary leave has been made ought to also suffice to show s. 3C leave if it comes to it).