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Top Other benefit issues topic #124

Subject: "illegal immigrants" First topic | Last topic
slam
                              

welfare benefits coordinator, South London and Maudsley NHS Trust
Member since
24th Mar 2004

illegal immigrants
Wed 24-Mar-04 11:08 AM

Can anyone tell me if someone who arrived in the UK as an illegal immigrant over 14 years ago and now currently has temporary stay in the UK under an IS96 can claim any benefits?

IS96 states no restirction to seeking employment but does not mention recourse to public funds.

Mainly looking to claim DLA.

many thanks

Nishma

  

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Replies to this topic
RE: illegal immigrants, shawn, 24th Mar 2004, #1
RE: illegal immigrants, davidp, 06th Apr 2004, #2

shawn
                              

Charter member

RE: illegal immigrants
Wed 24-Mar-04 12:00 PM

the starting point will be to decide if they are "subject to imm control" ... for the definition see -

http://www.rightsnet.org.uk/cgi-bin/publisher/search.cgi?dir=qandas&template=listtemp.htm&page_option=1&page=imm-def

since, if they are, they will be excluded from certain benefits, inc DLA, unles falling into a prescribed exception ... for the exceptions relating to DLA see ...

http://www.rightsnet.org.uk/cgi-bin/publisher/search.cgi?dir=qandas&template=listtemp.htm&page_option=1&page=imm-dla

  

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davidp
                              

solicitor, sheikh & co, finsbury park, london
Member since
21st Jan 2004

RE: illegal immigrants
Tue 06-Apr-04 05:01 PM

If s/he has been in the Uk for 14 years, then s/he can apply for indefinite leave to remain to remain under the Home Office long residence concession.

Then there would be no question of being entitled to benefits.

  

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