benefits eligibility for british overseas citizen

neverdespairgirl

If you have ILR, you have full access to public funds. So an ILR visa wouldn't be stamped "no access..."

neverdespairgirl

gugushui wrote: »

Now she intends to return back to UK to live permanently with us.

It appears very likely, from the information given so far, that she cannot do so without making an application for entry clearance under the Immigration Rules.

c1mth0g

British Overseas citizens, once granted ILR, retain this for life, even if they have spent more than 2 years outside the UK.

"British Overseas citizens who hold United Kingdom passports wherever issued and who satisfy the Immigration Officer that they have, since 1 March 1968, been given indefinite leave to enter or remain in the United Kingdom may be given indefinite leave to enter."

This information is available on the UKBA website.

BigAunty

Where is the specific link to this?

Here is an explanation of how ILR operates on the same website

" Indefinite leave to remain (often known as 'ILR' and 'settlement') is permission to remain in the UK without any time restrictions on the length of stay. It is not the same as naturalisation as a British citizen and may, in specific circumstances, be ceased or invalidated, for example, if a fraudulent application is uncovered, if the person resides outside of the UK for more than 2 years or as a result of a criminal conviction that results in a Deportation Order coming into force."

http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/#

neverdespairgirl

c1mth0g wrote: »

British Overseas citizens, once granted ILR, retain this for life, even if they have spent more than 2 years outside the UK.

"British Overseas citizens who hold United Kingdom passports wherever issued and who satisfy the Immigration Officer that they have, since 1 March 1968, been given indefinite leave to enter or remain in the United Kingdom may be given indefinite leave to enter."

This information is available on the UKBA website.

It's under the Immigration Rules HC 395 (as amended). Rule 17.

You possibly misinterpret the section, though. "May" doesn't mean "will", "should" or "must". It's a matter of discretion.

Rule 18 goes on to say:

18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.

19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.

c1mth0g

From the UKBA website:

SET9.6 Exception to the two year rule for holders of certain United Kingdom passports

There are exceptions to the 2 year rule for certain returning residents who are holders of UK passports as follows:
i) Under paragraph 16 of the Rules if any of the following produce a UK passport issued in the UK and Islands or the Irish Republic before 1 January 1973, they should be admitted freely (unless the passport has been endorsed to show that they were subject to immigration control).

• a British Dependent Territories Citizen (BDTC);
• a British National (Overseas) (BN(0));
• a British Overseas Citizen (BOC);
• a British Protected Person (BPP);
  
  a British Subject (BS) by virtue of section 30(a) of the British Nationality Act 1981(who, immediately before 1 January 1983 would have been a British Subject not possessing citizenship of the UK and Colonies or the citizenship of any other Commonwealth country or territory).

ii) Under paragraph 17 of the Rules, British Overseas Citizens (BOC) who hold UK passports wherever issued are also entitled to admission at any time as returning residents if they can satisfy the Immigration Officer that, since 1 March 1968, they have been given indefinite leave to enter or remain in the UK.
Those who benefit from (i) or (ii) above will normally have "Holder is entitled to re-admission to the United Kingdom" endorsed in their passport.
Those in (i) or (ii) who have a stamp showing indefinite leave to enter (ILE) or indefinite leave to remain (ILR) in their passports are entitled to readmission as returning residents at any time.
Persons described in (i) who produce a UK passport issued outside the Common Travel Area, or issued within the Common Travel Area on or after 1 January 1973, are subject to the normal 2 year rule unless their passports bear the 'RIGHT OF READMISSION' endorsement.

I believe this means that as long as you have a UK passport with an ILR stamp (or a "RIGHT OF READMISSION" endorsement) you are fine. If you search the UKBA website, the exception to the 2-year rule for British nationals who are not British citizens is explicitly mentioned in several places. I know the language is not watertight, but it seems pretty clear to me that this is the general policy. As an aside, indefinite leave to remain is a weaker right than the right of abode (although either can now be revoked), so there are never 100% guarantees.