... while her husband (ex-british army) remains in hong-kong ...

hello all !
and does anybody have any ideas as to whether this person could claim p.c under the new laws introduced with the help of ms lumley, ie : right to reside in the uk for benefit purposes, and if so would person have to serve an appreciable period of time in the uk before satisfying the habitual residence test ?

as ever, any ideas on this matter greatly appreciated ...

pete

It comes down to immigration status - some ex gurkhas I have seen have "Indefinite Leave to Enter" in their passport - my understanding is that this is given by the Entry Clearance Offficer on arrival, and has the same effect as "Indefinite Leave tro Remain". The difference is that the latter is given by the Borders Agency and not the ECO.

The effect is the same though - full access to benefits.

However I guess the best advice would be for your client to contact the British Embassy before she comes to sort this out, and not rely on getting past the ECO on arrival.

Also spouses are often wrongly given limited leave for 2 years (if the husband has ILE or ILR this should not happen)- you dont want this to happen!

I am not an immigration specialist though so perhaps someone else can verfit what I have said?

A person can apply for leave to enter the UK at a visa post outside the UK nominated by the secretary of state but an entry clearance officer in the UK can vary or cancel entry clearance given overseas. As suggested she should contact the British embassy where she is.

If she gets indefinite leave to enter then she has full benefit rights, again, as suggested. However, she will still be subject to the habitual residence test and will have to be here for an appreciable period of time.

If she is allowed into the UK she should seek specialist immigration advice before doing anything.