stateless baby

Father has limited leave to remain, mother is an “overstayer” whose workers visa has expired, they are not married.

Baby was born in the UK.

What is the immigration status of the baby ?

Can he claim Income Support ?

In addition the overtayer mother has two older children whose visas have also expired.

Housing Benefits have stated that only the eligibility / right to reside status of the main applicant is checked and that the status of other houshold members is not relevant. They would therefore get the 3 bedroom LHA rate.

hi nick -

i think you need to seek some immigration advice about the status of the baby.

there are strict rules about giving immigration advice - all immigration advisers have to be registered with the Office of Immigration Services Commissioner - if not will be committing a criminal offence - so its difficult for welfare rights advisers to respond to your query -

here’s a link to citizens advice info on immigration advice -

http://www.adviceguide.org.uk/index/your_rights/immigration/help_with_immigration_problems.htm#registration_of_advisors

cheers ros

Hi… my appologies, I know we cannot give out immigration advice, I was only curious but I’ll withdraw the question.

However, given the basic family make up can he claim Income Support ?

It’s generally better to find out the exact immigration status prior to making any benefit claims, as immigration status can be affected negatively if a benefit claim is made e.g. if someone has no recourse to public funds as a condition of staying, they can lose the right to stay full stop if they make do a claim, even if the claim is refused. So it’s wrong really to speculate about whether a claim could be made, until you have the immigration status clarified.

Thanks, I didn’t think he could get Income Support, but does anyone know if you can get child tax credit for a child who has no Right to Reside.

This link should be of use.

http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02024.htm

And this is a link to HMRCs R2R site.

http://search.hmrc.gov.uk/kb5/hmrc/hmrc/results.page?qt=right+to+reside

nick nicolson - 07 April 2011 08:13 AM

Baby was born in the UK.

What is the immigration status of the baby ?

 

answer here:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingterritory/

not british, that’s for sure.

Just a note of caution here.  Although a person with limited leave to remain can claim CTC and CB, such a person often has no recourse to public funds as an attached condition.  This needs to be checked first.