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Forum Home  →  Discussion  →  Residence issues  →  Thread

ILR in an expired passport- rejected by JC+ during HRT interview

Jo_Smith
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Citizens Advice Hillingdon

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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.

Mark Willis
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Welfare rights worker - CPAG in Scotland

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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.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/710926/m-08-18.pdf

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

Jo_Smith
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Citizens Advice Hillingdon

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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 ]
Mark Willis
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Welfare rights worker - CPAG in Scotland

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Total Posts: 145

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Jo_Smith
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Citizens Advice Hillingdon

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Total Posts: 332

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Thanks Mark, that’s perfect, he is a a Commonwealth citizen, so that’s perfect.

Mark Willis
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Welfare rights worker - CPAG in Scotland

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Total Posts: 145

Joined: 17 June 2010

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