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Forum Home  →  Discussion  →  Residence issues  →  Thread

Proving Indefinite Leave to Remain for benefit entitlement

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Bit of a loss with this enquiry. Client being asked by Pension Service to prove she has ILR for PC claim but she doesn’t have passport with the stamp anymore, says they can’t afford biometric card , and local immigration advice service aren’t currently taking referrals.

I’ve checked CPAG Migrants Handbook and that’s not really offered up anything useful, nor has a quick google search.

Any ideas at all? Any thoughts gratefully received, thanks :-)

RWCHAC
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Cheetham Hill Advice Centre, Manchester

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Does she has any evidence of ILR? Old immigration status documents? Home office decision letters? Would se count as windrush?

Previously DMG 08/18 said “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the decision maker may determine that the claimant is eligible to claim” However that was withdraw in Feb 2020 as “no longer current and [has] been deleted”.

The standing DMG is
073189   Evidence of nationality must be in the form of
1.  a valid passport containing the immigration stamp or vignette granting them
leave to remain or
2.  a Biometric Residence Permit.

Which isn’t very helpful for her. However if she has previously claimed a DWP benefit and undergone habitual residence test you could possibly ask that they rely on their own records as evidence?

Paul_Treloar_AgeUK
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Brilliant, thanks for this, gives us some kind of start point here. Much appreciated.

Martin Williams
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I think the DWP can also ask the Home Office-

There is probably a Process Level Memorandum of Understanding on this but I can only find the EUSS one (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/790668/Home_Office_-_DWP_API_EU_Exit_MoU.PDF). Could do an FOI to find the more general one if not available on a more thorough search.

However, there is definitely an ability for DWP to check with HO what client immi status is.

There may be an argument that it would be easier for DWP to get this info than for the client (although she could potentially subject access request to the Home Office to obtain documents?) and therefore they should get it.

 

Paul_Treloar_AgeUK
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Thanks Martin, again that’s very useful.