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South African national ...
Hello, and I’m hoping someone can help me with this one ?
I have a cl aged 53 who came to UK approximately 22 years ago from South Africa. In this period of time he has worked at times and claimed benefits. In January 2010 they were sleeping rough in a tent and this was set on fire, causing severe burns to cl hands and also destroying his South African passport which cl has never replaced.
After this incident we successfully helped cl to claim ESA which they received until 02/11 when they failed a WCA.
Cl claim for JSA has now been refused by JCP because they state cl has to contact UKBA and obtain evidence of their immigration status, and once they have provided this to JCP they will decide on his JSA claim.
However, cl has never applied for British citizenship.
The only thing I can think of is to argue that cl has gained a permanent right of residence because they have resided lawfully in the UK for a continuous period of more than 5 years and during this time they have never left the UK for a period of more than 6 months in any of the years they have resided here, and is therefore entitled to JSA . I am also using this argument to Local Authority because cl HB / CTB has also been suspended on this basis.
If anyone has any thoughts on this it would be appreciated.
Thank you.
The only thing I can think of is to argue that cl has gained a permanent right of residence because they have resided lawfully in the UK for a continuous period of more than 5 years and during this time they have never left the UK for a period of more than 6 months in any of the years they have resided here, and is therefore entitled to JSA . I am also using this argument to Local Authority because cl HB / CTB has also been suspended on this basis.
As he is not an EEA citizen he can’t claim permanent residency, bearing in mind I can’t give immigration advice, is there anything else in his 22 year history? Under what basis did he have initial residency or was he allowed into the UK? Did he have a work permit, any sort of leave to stay in the UK, does he have relatives in the UK?
Yes, I know this is sad, Sunday morning, before breakfast???? But hey I’m up anyway, so I will think about this as I get my first caffeine fix…
I think your claimant will or should have some sort of right to reside for benefit pueposes but, all depends on what he’s been up to over the last 2 decades, AND/OR, maybe, family history could help…...like I said all depends on the info you have or can get. Sorry cant be any more help.
Thank you Chacha and we’ve all been there at 4.15 am pondering a benefit conundrum ... well ok, maybe it’s just you and me !?
No, given me lots to ponder so once again, thank you and have a good week ...
Hi… what identity evidence did they use to pay him ESA ?
If he has claimed benefits previously, which ones and how long ago… he must have supplied identity and visa proofs for these and with luck they may still have a photocopy of his passport.