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benefits eligibility for british overseas citizen
Comments
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MissMoneypenny wrote: »I thought that a holder of a British Overseas passport was a British National, but not a British Citizen?
From what you have said, it seems that she is a British national who had an ILR visa.
A British citizen does not need a visa to enter the UK.
If she had ILR in her passport, my thinking is that said passport can't be a British Citizen one....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
neverdespairgirl wrote: »If she had ILR in her passport, my thinking is that said passport can't be a British Citizen one.
Mine too.
From reading the immigration forums, they say that an ILR visa is only valid for 2 years once the holder leaves the UK and the UKBA don't seem to allow any exceptions to that.
I guess the answer to the OPs question is that his mother will not be able to claim benefits from the UK as her ILR visa has expired. An expired visa will also mean that she can't live in the UK; unless they apply for another visa for her, before she enters the UK.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
Yes. From the limited information in the OP, it appears the mother has no right to live in the UK, let alone claim benefits....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0
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The Wiki page provides a basic overview of ILR, benefits and the naturalisation (citizenship) process, how ILR status is lost if the person then leaves the UK for more than 2 years.
"ILR holders do have access to public funds. The wordings "No recourse to public funds" is not written in ILR holders' visas. As a result, they are able to claim job seekers allowances and other benefits which are usually available to UK citizens."
So, to the OP, does she have this actual stamp and wording in that passport?
Perhaps the eligibility for benefits rests on whether the OPs mother went through the naturalisation process or not? Which perhaps she hasn't if she doesn't now possess a British passport?
These links provide basic info for the OP to determine if she's actually a British citizen or not and potential visa requirements.
http://www.direct.gov.uk/en/TravelAndTransport/Passports/WhoiseligibleforaBritishpassport/DG_174145
http://www.ukba.homeoffice.gov.uk/britishcitizenship/
http://en.wikipedia.org/wiki/Indefinite_leave_to_remain0 -
ILR status is lost if the person then leaves the UK for more than 2 years.
The OP said his mother had been living back in India for 15 years.Perhaps the eligibility for benefits rests on whether the OPs mother went through the naturalisation process or not? Which perhaps she hasn't if she doesn't now possess a British passport?
From what the OP said, his mother just has a British Overseas passport. So not a British citizen it seems and no right to live in the UK.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
It doesn't matter if she does have the ILR stamp, it can still be cancelled if you're out of the country for 2 years +...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
neverdespairgirl wrote: »It doesn't matter if she does have the ILR stamp, it can still be cancelled if you're out of the country for 2 years +
I agree, I'm just curious whether or not the 'no recourse to public funds' stamp is also explicit in this passport and if so, why the OP doesn't understand what this means.
In case the OP comes back, this is a handy link as to how this is defined in case their mother re-applies for ILR and if it is granted on the grounds of 'no recourse to public funds'.
http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/rightsandresponsibilities/publicfunds/
"If you have been given permission to live in the UK, this permission may include the condition that you have 'no recourse to public funds'. If so, you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state.
Public funds include a range of benefits that are given to people on a low income, as well as housing support. These are:- income-based jobseeker's allowance;
- income support;
- child tax credit;
- working tax credit;
- a social fund payment;
- child benefit;
- housing benefit;
- council tax benefit;
- state pension credit;
- attendance allowance;
- severe disablement allowance;
- carer's allowance;
- disability living allowance;
- an allocation of local authority housing;
- local authority homelessness assistance;
- health in pregnancy grant; and
- income-related employment and support allowance."
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It is possible to remain settled even if you have been outside the UK for more than 2 years, but seems unlikely in this case.
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/
Just checking out the rules on elderly dependents and this is the UKBA advice
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/If you've have not made a mistake, you've made nothing0 -
I agree, I'm just curious whether or not the 'no recourse to public funds' stamp is also explicit in this passport and if so, why the OP doesn't understand what this means.
If someone has ILR, then there is no mention regarding "no recourse to public funds" because people with ILR are allowed access to public funds.
So there would be no mention of it in this lady's passport.If you've have not made a mistake, you've made nothing0 -
It is possible to remain settled even if you have been outside the UK for more than 2 years, but seems unlikely in this case.
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/
That link just seems to confirm that the OPs mother will now have to apply for a visa to enter the UK.
You may return to the UK as a resident if:- you were settled in the UK when you last left; and
- you have been away for 2 years or less; and
- you are returning to live here permanently; and
- you were not given public funds to pay the costs of leaving the UK.
If you have been away for more than 2 years, you must apply for a visa or an entry clearance certificate before you can return here.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0
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