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Permanent Residence application and PIP
Hi everyone.
I;ve had a client advising that she has applied for permanent residence and has her appointment in July. However her PIP has stopped because she does not have anything from the home office to say that she lives i the country.
Does anyone know what she can do, if anything, to get her PIP reinstated?
Thank you in advance
There are a number of things which could be going on here.
The most obvious is that this is a non-EEA national who was awarded PIP with an end date which coincides with the end date of her limited leave to remain.
In these circumstances, her leave to remain (and entitlement to benefit) would run out at the end point set on the original grant of leave. If, prior to that date, she applies for further leave, then her leave to remain and (entitlement to benefit) is automatically extended until the application is dealt with.
It may well be that you are dealing with one of these cases and that the DWP are asking for confirmation from the Home Office that a further application for leave has been made at the appropriate time.
If the law centre is dealing with her application for ILR also, then you should be able to provide that.
The other possibilities are that this is in some respect related to a suspicion that she is not actually living in the UK (I have had a few of these over the past few months - usually generated from DWP getting a bee in their bonnet about trips abroad) or they are raising an issue with respect to the Past Presence Test. In either of these cases, there ought to be a decision letter and it is a case of challenging it on ordinary principles.
There are a number of things which could be going on here.
The most obvious is that this is a non-EEA national who was awarded PIP with an end date which coincides with the end date of her limited leave to remain.
In these circumstances, her leave to remain (and entitlement to benefit) would run out at the end point set on the original grant of leave. If, prior to that date, she applies for further leave, then her leave to remain and (entitlement to benefit) is automatically extended until the application is dealt with.
It may well be that you are dealing with one of these cases and that the DWP are asking for confirmation from the Home Office that a further application for leave has been made at the appropriate time.
If the law centre is dealing with her application for ILR also, then you should be able to provide that.
The other possibilities are that this is in some respect related to a suspicion that she is not actually living in the UK (I have had a few of these over the past few months - usually generated from DWP getting a bee in their bonnet about trips abroad) or they are raising an issue with respect to the Past Presence Test. In either of these cases, there ought to be a decision letter and it is a case of challenging it on ordinary principles.
Thank you very much for this, I will investigate down these routes further
There are a number of things which could be going on here.
The most obvious is that this is a non-EEA national who was awarded PIP with an end date which coincides with the end date of her limited leave to remain.
In these circumstances, her leave to remain (and entitlement to benefit) would run out at the end point set on the original grant of leave. If, prior to that date, she applies for further leave, then her leave to remain and (entitlement to benefit) is automatically extended until the application is dealt with.
It may well be that you are dealing with one of these cases and that the DWP are asking for confirmation from the Home Office that a further application for leave has been made at the appropriate time.
If the law centre is dealing with her application for ILR also, then you should be able to provide that.
The other possibilities are that this is in some respect related to a suspicion that she is not actually living in the UK (I have had a few of these over the past few months - usually generated from DWP getting a bee in their bonnet about trips abroad) or they are raising an issue with respect to the Past Presence Test. In either of these cases, there ought to be a decision letter and it is a case of challenging it on ordinary principles.
Thank you very much for this, I will investigate down these routes further
After further investigation (bit of a language barrier too) her leave to remain has been temporarily extended and they will extend her PIP but she will not get paid until she gets proof from the home office. The appointment got cancelled (not sure if down to Covid-19 am waiting for another response bt she won’t be able to go to another appointment till July. Seems it’s at a stand still until she gets the proof but do not know of any changes to rules due to covid?
The Home Office should issue a letter confirming the date of receipt of the application for ILR. If the Law Centre are representing her in her application, this may have been sent to your office’s immigration dept. instead. That can then be supplied to PIP.
I had one of these cases a couple of weeks ago and apparently the HO contacted DWP directly and the award was extended by 12 months.