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Would be grateful for some input on this one.
Client, Pakistani national, came to UK in July 07 on 2 year probationary visa as spouse (husband UK citizen). Husband died Nov 08. Client gave birth to their posthumous child Dec 08. Currently being supported by his family.
Client's visa expired 5/7/09 and she has applied for ILR.
Her solicitor has signposted her to us for benefit advice and has suggested that as spouse (sponsor) died and client has been in UK less than 5 years she will be eligible for IS, TC, etc. I am not so sure.
Her deceased husband worked on & off so may have paid sufficient NI for WPA but can client claim CB? CPAG suggests she can't unless she had ILR in the first place (in which case, formal undertaking wouldn't count as sponsor has died). I think the problem is the same for CTC. My thinking at present is that she could claim IS under Urgent Cases rules (but only if she is treated as LP which she can't be if she can't claim CB) or JSA under Urgent Cases rules.
Does anyone care to comment? I can't see the wood for the trees any more!
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