Forum Home → Discussion → Residence issues → Thread
UC right to reside
I have a client, a Portuguese national, who has at least 8 plus years of unbroken residence in the UK and is a UK care leaver. I am representing him in a JSA appeal right to reside case solely on the GOPW test. That case is about to reach its conclusion. I have a pretty good case for that
He has now been granted ILR under the settled scheme provisions. Am I right in thinking that a right to reside on this basis supersedes his lack of a right to reside solely as a jobseeker for UC. He has never worked in the UK. So, if he claimed UC now he would be entitled to it.
Yes. Settled status aka ILR under Appendix EU is full, unconditional, leave and negates any need to have arguments about your client’s EU law status from the date it is granted.
Thank you Elliot. I have not yet fully studied the settled scheme provisions in sufficient detail to be certain. I have to advise on this first thing in the morning so your help is much appreciated.
Thank you Elliot. I have not yet fully studied the settled scheme provisions in sufficient detail to be certain. I have to advise on this first thing in the morning so your help is much appreciated.
No worries - the nub of it is:
*Settled status/ILR = full access to benefits
*Pre-settled status/LLR = ignored for benefit purposes. Claimant can still rely on the familiar rules.
See these two RN articles for the relevant legislation and guidance:
https://www.rightsnet.org.uk/welfare-rights/news/item/income-related-benefits-for-those-granted-limited-leave-to-enter-or-remain
https://www.rightsnet.org.uk/welfare-rights/news/item/new-dwp-guidance-on
Thanks again Elliot. Very useful