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No current leave, UC claim, leave later granted
The client’s leave (NRPF not a condition) expired. 6 months later she has applied for an extension of her previous leave.
If she applies for UC now and she is subsequently granted leave to remain, can she receive UC from the date of claim?
Mike,
As she did not make an ‘intime’ application, then until her applictation is determined she is not entitled to claim UC, and when leave is granted she can only apply from the date it is granted. As far as I am aware there is no provision to backdate.
“The most obvious one affects those who are applying to renew their leave. People in this situation must submit their application before the expiry of their current leave to avoid becoming overstayers”
From
https://www.freemovement.org.uk/application-date-leave-to-remain-in-the-uk/
Cheers
Sorry, I should have made clear that I am assuming any leave is eventually granted from the date of the application, ie before any claim for UC.
Sorry, I should have made clear that I am assuming any leave is eventually granted from the date of the application, ie before any claim for UC.
No it isn’t. The leave is only effective from the date it is given and UC wouldn’t be backdated.
Elliot,
Thanks for the confirmation
Best wishes