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UC and ILR permit on expired passport. New passport has no endorsement
Client is now one of a couple. She has previously always been entitled to benefits, WTC/ CTC etc, and then formed a new relationship in March this year: they had to apply for UC, but when I saw them last week and checked the Council Tax reduction and then the UC, I found the allowance was for the housing element and the children, but just one adult. He queried this on the journal and the response was ” only getting £317.82 because of the ineligible partner on the claim”
She has been in UK since 2005 but her passport which had shown ILR had expired 2 years ago. he says her new passport doesn’t show any endorsement.
I’ve looked at ADM C1067 and it says the evidence must be a valid document or a Biometric Residence Permit. Presumably either a new endorsement or the BMR is going to cost, and will take time. Partner is working full-time and there are 3 children.
I haven’t yet discussed this requirement with them, but is there merit in requesting MR on the basis that she is applying to the HO or applying for a card, if that’s what she chooses? Or any other suggestions, please?
I would go for MR on the basis that she has indefinite leave (the clue is in the title) and that she has not lost it by being absent from the UK for a period in excess of 2 years (her passports should confirm this, official correspondence to cover any gaps) and yes, the ADM says what it does but perhaps they could point you in the direction of the primary or secondary legislation that says that ILR in an expired passport is insuffiicent for benefit purposes. (If this does in fact exist, perhaps someone can provide a link!)
They make me a bit cross, can you tell?!
I would go for MR on the basis that she has indefinite leave (the clue is in the title) and that she has not lost it by being absent from the UK for a period in excess of 2 years (her passports should confirm this, official correspondence to cover any gaps) and yes, the ADM says what it does but perhaps they could point you in the direction of the primary or secondary legislation that says that ILR in an expired passport is insuffiicent for benefit purposes. (If this does in fact exist, perhaps someone can provide a link!)
They make me a bit cross, can you tell?!
I can tell, Debbie :-) And thank you, I’ll start this off straight away
- Elaine
She has ILR and the expired passport ought to be adequate proof for benefit purposes, as long as she is able to satisfy DWP that the expired passport is indeed hers (matching photo, name matches more recent ID). Employers are not supposed to accept expired passports (there are regulations governing right to work checks), but I know of nothing in social security law that prescribes higher evidence requirements.
Precisely because of the prohibitive cost that you refer to, many people with ILR do not get their new passport endorsed or apply for a separate card. They even travel outside the UK with two passports - one because you need a current passport to travel, and another to prove they have ILR when they return to the UK. It is quite normal.
The biometric card costs £229 but there can be a six-month wait. Fast track costs £800 extra. I don’t think it’s reasonable to expect someone claiming means tested benefits to pay that kind of money.
Indefinite Leave to Remain means just that unless your client has been out of the country for more than 2 years or been convicted of a criminal offence that could lead to the Home Office revoking ILR. Id request MR and appeal on that basis.
S
The biometric card costs £229 but there can be a six-month wait. Fast track costs £800 extra. I don’t think it’s reasonable to expect someone claiming means tested benefits to pay that kind of money.
In the dim and distant past, our local JCP has been known to pay for the application for single job seekers, cheaper in the long run and means they can prove their right to work.