RTR/HRT

I hope someone can help with this, as I do not have a great deal of experience with with RTR/HRT. Client refused ESA under RTR/HRT. However she has just shown me a copy of her passport, with a IND stamp from 1999 stating:

“There is at present no time limit on the holder’s stay in the United Kingdom”

I have been unable to get any specific information as to exactly how this affects her claim, other than vague telephone advice from IND, who said this counts as Indefinite Leave to remain and she should be able to access benefits, without any restriction but they could not evidence this.

Thank you

Where does she come from and what is her history? If she has indefinite leave to remain and has not left the country for two years in the intervening 17 years then yes, she should have right to benefits.

ILR is lost if someone leaves for two years. How has she been supporting herself until now?

Thanks for the response. She is French, has lived in UK since 1992, was married and living with her husband, whom I believe was workin, but has now separated. She says she has not left the UK since 1999.

well she’s also a EU citizen with all the rights that go with that, so as an EU citizen why does she have ILR in her passport?

An ILR application can be made by an EEA citizen after they’ve been married to a British citizen for 5 years or more, as well as being possible after 10 years normal residence.

so she has two routes to right to reside, not just one?

Certainly sounds like it.

Many thanks for the advice

dave