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Leave to remain
I have a client who has lost her 0 hour contract job due to Covid-19. She is not ill due to the virus but has been ill for a while with another unrelated condition and has up to date sick notes etc. She already has a claim for Universal credit anyway because she has a child and her wage was not enough to cover her rent. She has informed UC already through her journal and hopefully her amount will be amended when she gets her next payment which is due on 15/04/20.
Now, the reason why this is in this topic and not Covid-19 is because she is from Mozambique and her leave to remain is due to expire on 05/05/20. She has a telephone appointment set up with a solicitor already for help with this.
She is a widow and her Husband was British and her children are British. One is 14 and the other 19 so a non-dependent but currently at uni, working part time and living with her helping her pay the bills.
My question: should she still be entitled to benefits while her leave to remain issue is being dealt with?
I believe she is because her dependent child is British?
Thank you for any help in advance.
If she applies for further leave before her existing leave expires then her leave is automatically extended until the applocation is determined under s3C Immigration Act.
If she does not apply for further leave before her existing leave expires, she will become an overstayer - even if she misses the deadline only by a day or two.
If she fails to apply for leave, she might well be able to fall back on Zambrano rights as the primary carer of a British child however these do not come with a right to access benefit.
So make sure she keeps the appointment and gets the application in.
If she applies for further leave before her existing leave expires then her leave is automatically extended until the applocation is determined under s3C Immigration Act.
If she does not apply for further leave before her existing leave expires, she will become an overstayer - even if she misses the deadline only by a day or two.
If she fails to apply for leave, she might well be able to fall back on Zambrano rights as the primary carer of a British child however these do not come with a right to access benefit.
So make sure she keeps the appointment and gets the application in.
Thank you very much