well blimey, i've now got 3 q.s in as many weeks !!!
and a jolly cheery tuesday howdo

have cl. who is from afghanistan and :
was granted discretionary leave to remain until 31/12/06.
solicitor assisted cl. with an appl. for further leave to remain within the time limit, but a decision has not been made yet.
j.s.a, h.b / c.t.b claims refused because jcp state cl. does not have right to work in uk, and therefore no r2r.
however, we have obtained letter from cl. solicitor which states that cl. does have right to work in uk and a decision is still pending re : cl. appl. for further leave to remain.
cl. states received j.s.a, h.b / c.t.b approx 2 years ago when unemployed, and was employed until 29/05/09.
we have assisted cl. to appeal j.s.a decission and are now in the process of assisting cl. to appeal h.b / c.t.b decision, but i have just had a panic attack !!!
if cl. applies for h.b / c.t.b and i.b.j.s.a will this have detrimental effect on his further leave to remain appl. ???
help !!!

be groovy all ...

pete

Hi I had cases like this one, but the appeals for HB or any other benefit would not triger problems in his current application for Leave to Remain.
In some cases I have argued with the LA that they are setting up people to fail with providing them with accomodation and then refusing further support therefore they will get evicted and will be homeless.
As long as he has applied for the Leave to R on time he does have the same rights as before his old status expired.

Good Luck

Hi

the client is eneitled to claim public funds until the Home Office makes a final determination of the case so long as an in time application for extension was made to the HO.

The Home Office should have supplied a letter stating that the application for extension was recevied in time.

If they will not accept the solicitors advice then one way I have used in the past is to write to the persons MP asking them to write to the Home Secretary to claify to the MP that an in time application was made and that the client has recourse to public funds. Then you get a letter back from the Home Secretary.

They can hardly argue with a signed letter from the Home Secretary! Took about 6 weeks to get the letter.

Cheers

Stuart

PS - if the application was not made in time then the client should not attempt to claim public funds as this is benefit fraud.