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ILR in an expired passport- rejected by JC+ during HRT interview
Client’s ILR evidence was rejected by the JC+ because the stamp was in an expired passport. I know it is incorrect for the JC+ to refuse to accept it but I am going bonkers trying to find the guidance. I’ve seen it somewhere on .GOV and now I cannot find it. HELP, please.
Hi Jo
This might have been it - although only specifically relates to Commonwealth citizens, it sounds like the hostile environment is still in effect for your client.
9 Supporting evidence of nationality and residence could include
1. current passport OR most recent passport (including expired passports) where there is a reason that a current passport is not available
...
11 Where the evidence of nationality and status provided to and held by DWP and the Home Office indicates that the balance of probabilities is that the claimant is likely to have legal and habitual residence, the DM may determine that the claimant is eligible to claim JSA, ESA, IS or SPC. The claim can go forward to be assessed for benefit entitlement.
Mark
That’s helpful, thank you, but actually I have seen a document pertaining specifically to UC
Apologies, did not include it in the original post.
Jo
[ Edited: 9 Apr 2019 at 04:10 pm by Jo_Smith ]There is an equivalent UC memo if that’s any use: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/710909/adm14-18.pdf
Cheers
Mark
Thanks Mark, that’s perfect, he is a a Commonwealth citizen, so that’s perfect.
Those memos had vanished and no mention of Windrush or Commonwealth in ADM or DMG - now available here:
https://www.whatdotheyknow.com/request/dwp_memos_2018?nocache=incoming-1826461#incoming-1826461