Please i need some help.
I have a client whose Resident card expired in May but for Covid,she hasn’t heard back.
UC has stopped her benefit.
Any tips on Home office guideline inline with Covid or delay of application
1. What sort of residence card is it? Is it EU? regular leave to remain?
2. Did she re-apply for further leave before this leave expired?
She has 5 years leave to remain as a Refugee.
Yes she applied before it expires.
UC stopped pay on grounds of eligibility of stay
If she re-applied before her previous leave expired, then her leave is automatically extended pending resolution of her application. See s3C Immigration Act 1971. The delay in dealing with her application should have no impact on ongoing benefit entitlement and the decision to stop her UC appears to be erroneous.
ADM C1679 confirms Elliot’s advice, seek recon of the decision to stop UC and cite the ADM; should be sorted toot sweet