Discretionary leave to remain and entitlement to benefits

My client has been given DLR outside the immigration rules for three years. There is no indication on the residence permit in passport that he does not have a right to public funds. The leaflet that came with the decison from the home office under Entitlements says:

“You are free to take a job and do not need permission of any government department before doing so. The UK Border Agency permits you to use the National Health Service, Social Services or other services provided by local authoirites; however providers of such services may impose their own regulations regarding a person’s enttilement to use them.”

Benefit entitlements are not mentioned. Does this mean he has recourse to them or not? His immigration solicitor thinks he does.

many thanks for your thoughts

Hi there,

I have come across many clients with discretionary leave for a limited period and they have had no problems with claiming benefits . You are right that the endorsement on the passport does not state no recourse to public funds and the information sent by the home office is not very clear about claiming benefits.

I don’t think that there is a public fund restriction. I’d be checking with the solicitor why he feels that there is one ?

Tahra

Just to endorse the above - there should be no problem in accessing benefits. Occasionally the DWP/HMRC/Local Authority think there is a restriction because the leave is time limited, but this is wrong.

I even checked with UKBA once - they told me (on the phone) that if “No Recourse” is not in the stamp or in the letter then assume full recourse.