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#1 lovelife324

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Posted 02 December 2012 - 05:36 PM

Our baby was born 3 weeks ago my partner is an overstayer from Brazil(which i am trying to find a solution to fix) and i am the father British.

We have registerd our son and my name is on the birth certificate so he his british will i be able to claim any benifts? child benifit, child tax credits etc? will i be entitled to do so?

My situation has also worsened as my job is going to be ending mid December and i am going to have to claim some benefits job seekers, HB+CTB could anybody advise me on the best way to approach this?.

The questions i have is
1.Do i claim job seekers for just me and my child but inform DWP that my partner is there? and has no recourse to public funds so i want to claim at the single rate for me and my child? as not to affect her attempts to regularize her status
2.With HB and CTB do i make the claim in my name for me and my child and just notify the council that my partner is living with me and hasn't any permission to work and no income? (No recourse to public funds) and is currently waiting to seek legal advice on how best to regularize her status.

Please Help



#2 Victoria

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Posted 02 December 2012 - 06:09 PM

Please read elsewhere in this part of the forum where these questions are answered.

#3 lovelife324

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Posted 02 December 2012 - 06:42 PM

Many Thanks for your help Victoria

#4 lovelife324

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Posted 02 December 2012 - 07:19 PM

I was hoping for a more personal response to my questions she also has a national insurance number she was allocated when she was a student is this still valid or will she need to apply for another one?
And i also read this on The Law on entitlement to Housing benefit website is it true?

"The requirement for a NINO and the rules outlined above also apply to the claimant's partner. There is one limited exception: if one member of a couple is ineligible for HB/CTB because they do not have leave from UKBA (i.e. if they have been granted temporary admission) then the requirement does not apply to that member. In these circumstances the DWP advises local authorities that they should assign a dummy number: HB/CTB Circular A4/2009"

.http://www.housing-r...endent-children

#5 lovelife324

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Posted 02 December 2012 - 07:23 PM

I was hoping for a more personal response to my questions she also has a national insurance number she was allocated when she was a student is this still valid or will she need to apply for another one?
And i also read this on The Law on entitlement to Housing benefit website is it true?


The requirement for a national insurance number for all claims

Sections 1(1A) and 1(1B)(a) of the Social Security Administration Act 1992 (pdf) require the claimant (regardless of their immigration status) to have been allocated a national insurance number (NINO) or to have applied for one to be allocated in order to be entitled to HB/CTB. An application for a number will be sufficient if the application is accompanied by all the evidence and information required to process it (section 1(1B)(B)). In addition, a claim for benefit should be treated as an application for a NINO.

The requirement to have a NINO or to have applied for one is absolute. No benefit can be awarded until the evidence and information required to establish this has been supplied. It even applies where it is unlikely that the authorities will grant one:CH/4085/2007. Any matter relating to the provision of a NINO can be appealed to a tribunal, including the evidence that is required for one to be ascertained or the consequences for an award of HB/CTB if a request to allocate one is refused:CH/1231/2004 and [2009] UKUT 74 (AAC).

The requirement for a NINO and the rules outlined above also apply to the claimant's partner. There is one limited exception: if one member of a couple is ineligible for HB/CTB because they do not have leave from UKBA (i.e. if they have been granted temporary admission) then the requirement does not apply to that member. In these circumstances the DWP advises local authorities that they should assign a dummy number: HB/CTB Circular A4/2009.


http://www.housing-r...endent-children


So why do they sometimes try and refuse claims because the the claimants partner who has no recourse to public funds or visa status does not have a NI number?

#6 lovelife324

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Posted 02 December 2012 - 07:27 PM

As much as i am grateful for Victoria's help If anybody can give me a direct answer to my all my questions here i would be very grateful.

#7 John

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Posted 02 December 2012 - 09:11 PM

I was hoping for a more personal response to my questions she also has a national insurance number she was allocated when she was a student is this still valid or will she need to apply for another one?


That NI number is still valid.

And i also read this on The Law on entitlement to Housing benefit website is it true?


No, it is out-of-date. But as your partner actually has a NI Number. The lack of need for NI Number in certain circumstances is irrelevant. She will just quote her NI Number as required.

#8 lovelife324

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Posted 02 December 2012 - 09:28 PM

I was hoping for a more personal response to my questions she also has a national insurance number she was allocated when she was a student is this still valid or will she need to apply for another one?


That NI number is still valid.

And i also read this on The Law on entitlement to Housing benefit website is it true?


No, it is out-of-date. But as your partner actually has a NI Number. The lack of need for NI Number in certain circumstances is irrelevant. She will just quote her NI Number as required.

Many Many thanks for your reply john its calmed me a little so the Ni number did not expire when her student visa ran out? and i am more than in my rights to use this number if they ask for it? also as me the British national do i initiate any claim for HB+CTB Jobseekers etc for me and our British son as the main claimant and just notify of my partners presence and immigration status(over stayer) (no recourse to public funds) ? thank you so so much for your help

#9 lovelife324

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Posted 08 June 2013 - 12:13 AM

I am British born and my partner is an over stayer from Brazil we have a child together a British citizen,we have been living together for 18 months now, in march my partner put in an FLR (O) application to try and regulize her status and in may it was refused with no right of appeal the reasons

1.I don’t meet the there definition of partner because we haven’t been living together for 2 years.

then there’s this Section E-LTRP.1.7. of Appendix FM states that the relationship between the applicant and their partner must be genuine and subsisting. In the view of the fact that your partner does not meet the definition of "Partner" for the purpose of Appendix FM you do not meet the requirements of Section E-LTRP.1.7.

Furthermore, section E-LTRPT.2.3. of Appendix FM states that either-

a)the applicant must have sole responsibility for the child or the child normally lives with the applicant and not their other parent(who is a British Citizen or settled in the UK; or

b)the parent or carer with whom the child normally lives must be-

1.a British Citizen in the UK or settles in the UK
2.Not the partner of the applicant(which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application)and
3.the applicant must not be eligible to apply for leave to remain as a partner under this appendix.

You claim to live with your partner and child as a family unit. You do not claim to have sole responsibility for your child, nor is the parent or carer with whom the child ordinarily lives a British Citizen in the UK or settled in the UK and not your partner. Therefore you fail to fulfil section E-LTRPT.2.3. of the requirements.

We have carefully considered whether EX.1applies to your application, however whilst we acknowledge that you have a genuine and subsisting relationship with your child your application falls for refusal under the eligibility requirements of the immigration rules as set out earlier. These are mandatory requirements which apply to all applicants regardless of weather the EX.1. criteria are met. As you have failed to meet those eligibility requirements, you cannot benifit from criteria set out at EX.1.

Then the rest is private life, overstaying, age at date of application etc.

refusal to grant leave to remain

Paragraph D-LTRP.1.3 with reference to R-LTRP.1.1 of HC 395 (as amended)

Paragraph D-LTRPT.1.3 with reference to R-LTRPT.1.1 OF HC 395 (as amended)

Paragraph 276CE with reference to paragraph 276ADE(iii)-(vi) of HC 395 (as amended).

Does anybody have any advice on what our next step should? be we are both very scared im worried that my partner is going to be seperated from our child and im struggleing to cope due to mental health issues.

#10 Victoria

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Posted 08 June 2013 - 04:23 AM

This is a standard refusal. The UKBA are refusing such applications as a matter of course despite it being contrary to their own rules.

Don't be worried about being separated - that won't happen. If cant, as that would constitute a breach of law.

The choice is to either wait it out and hope that she swiftly gets a removal notice, which will come with a full right of appeal, and then win the appeal (which she almost certainly will assuming there is no criminal record) or try to lodge a judicial review against the decision.




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