just a cheeky little one this time chaps and chapettes
and howdo as usual of course ...

cl. is in u.k on a worker visa but her employment has ended.
she has been here since 03/10/03 unninterrupted and i think she satisfies the n.i conts to qualify for j.s.a.
also has child, 8 months old, father is from ghana and cl. does not know where he is ?

ahem, my theory is :
cl. cannot claim i.s, h.b / c.t.b, w.t.c / c.t.c.
cl. could claim cont. based j.s.a.
cl. may be able to claim c.b.
on 03/10/08 cl. could have settled status because of 5 year residency rules.

open to any comments on my theory people and do hope all of you are tickityboo.

pete

Hi there Pete, let's take this one apart.

She's been on a visa so I assume that she is not an EU national? Is her visa (work permit or whatever) still current? As far as I recall if she has a current visa she doesn't have to leave the country till it does, even if she is no longer working for the employer. She would only get settled status if she actually applied for it and would have to do so before her current leave expired. Her leave would then be extended until her application had been dealt with.

For people with work permits there is usually a right to apply after 4 years (which is what you are describing if she came in Oct 2003). The 5 year rule is EU nationals only.

If her visa as well as her work has expired and she hasn't applied for extension before it did, she's an overstayer. If she really is a third country national she can only work here with a work permit and that has to be applied for by her employer. So though she might well qualify for JSA on the NI contribs, is she available for work? Tricky one. A few more facts might help - like her nationality!

Regards to you!

hello ariadne2, and a chilly yet warm greet to thee on this autumnal october morning

right, on with work stuff ...

cl. originally from south africa.
came to u.k 03/10/03.
my first date of when she became a work permit holder is 30/03/07, this expires 30/03/12. prior to this unsure of her immigration status.
will need to explore this further.

5 year rule for eu nationals only, thanx for that, and hope this additional info. helps ?

anyway, as ever, good to receive your thoughts on my puzzlement, and please put an easy q. on to rightsnet so i can assist you one day. me thinx it's about time i returned the favour ...

pete