Benefits suspended
Options
leelask
Posts: 4 Newbie
Hi there, I have been living in the UK for almost 15+ years now. I came here on a student visa, I studied in college and uni as an international student for 4 years, but due to health issues (developed severe autoimmune disease called lupus and arthritis) I wasn't able to continue studies and missed my extension date.
I met my husband in uni, we were together for 10 years, and during this time I was given a spousal 10 year route visa but then I left my husband before the 10 years were up due to domestic violence issues. I was given a 3 months visa by the home office so that I could claim benefits and apply for an indefinite leave to remain and access housing and get legal aid to be able to get a divorce from him.
That was in March my visa ran out early July and I was given 3 months benefits. Fast forward to now, they suspended it and asked to provide proof of status. The current law states that if I apply to the home office before my visa ends then the status goes on until I hear back from the home office. The people who applied on my behalf said DWP shouldn't have done it and found all the lawes that clearly state that I am still eligible. The benefits people accepted that and asked for proof that I had applied within the time period before my visa expired. I supplied the proof but now they say they will only restart once I hear back from the home office.which is clearly against the law.
I asked for advice using citizen's advice online service, the person told me I need to first get the mandatory reconsideration, and fill out some form and send it to them. But my issue is that they never sent a letter, all of this was done through the online portal of universal credit journal, so I'm not sure where to send the letter to?
I also read somewhere that if the benefits are suspended you can't ask for a reconsideration, only if they reject it? I am not sure what to do. Any help would be really appreciated! I do plan on going to citizen's advice on Monday and see what they say.
I met my husband in uni, we were together for 10 years, and during this time I was given a spousal 10 year route visa but then I left my husband before the 10 years were up due to domestic violence issues. I was given a 3 months visa by the home office so that I could claim benefits and apply for an indefinite leave to remain and access housing and get legal aid to be able to get a divorce from him.
That was in March my visa ran out early July and I was given 3 months benefits. Fast forward to now, they suspended it and asked to provide proof of status. The current law states that if I apply to the home office before my visa ends then the status goes on until I hear back from the home office. The people who applied on my behalf said DWP shouldn't have done it and found all the lawes that clearly state that I am still eligible. The benefits people accepted that and asked for proof that I had applied within the time period before my visa expired. I supplied the proof but now they say they will only restart once I hear back from the home office.which is clearly against the law.
I asked for advice using citizen's advice online service, the person told me I need to first get the mandatory reconsideration, and fill out some form and send it to them. But my issue is that they never sent a letter, all of this was done through the online portal of universal credit journal, so I'm not sure where to send the letter to?
I also read somewhere that if the benefits are suspended you can't ask for a reconsideration, only if they reject it? I am not sure what to do. Any help would be really appreciated! I do plan on going to citizen's advice on Monday and see what they say.
0
Comments
-
This is a complex issue one probably best answered with proper legal advice.0
-
You can ask for a Mandatory Reconsideration in your UC journal.
https://www.gov.uk/mandatory-reconsideration/how-to-ask-for-mandatory-reconsideration
You can write to
Universal Credit, Freepost DWP, Universal Credit Full Service,
I believe you can also use this (but the previous one is the official one)
UCFS Post, Canterbury BC, Nutwood House, Chaucer Road, Canterbury, Kent, CT1 1ZZInformation I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
You say it is against the law. You need to quote the law that you think applies and proof of your situation.
So when you complete the mandatory reconsideration, it is very important that you provide comprehensive information covering everything they need to know. Please do not assume that the Decision Makers have a full understanding of all of the law that applies. You need to quote the law that you believe applies to your situation.
https://www.gov.uk/appeal-benefit-decision/submit-appealThe comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.0 -
Are you a EEA citizen?
The decision letter is likely to have been posted on your UC journal.
UC payments will not resume whilst you are going through the process of challenging / appealing the decision, (unless your circumstances change and enable you to successfully reapply for UC).Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Alice_Holt wrote: »Are you a EEA citizen?
If OP was an EEA citizen I wouldn't have thought they would have needed the visas they describe in opening post.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
If OP was an EEA citizen I wouldn't have thought they would have needed the visas they describe in opening post.
Correct. Plus EU rules do not have a domestic violence route that allows non EEA citizen Family Members of an EEA citizen, to stay in an EEA country.
It's this that the OP applied for. A 3 month visa outside of UK immigration rules while they look at a DV claim to see if they will grant settlement (Indefinite Leave to Remain)
https://www.gov.uk/government/publications/application-for-benefits-for-visa-holder-domestic-violence Did you take legal advice before you applied for this route to remain in the UK?
They usually allow the holder to work too on this temporary visa. Meaning the OP could continue to work in the UK, as her 10 years to settlement (4 x 30 months discretionary leave visas) had allowed her to do.
OP, why didn't you return home and apply for a spouse visa when you lost your university sponsor and your Tier 4 (Student) visa was curtailled or expired? By doing that, you could have applied for settlement (ILR) after 5 years as a spouse?0 -
I couldn't return because I don't have anyone living there, most of my family is here in the UK or Australia + Greece.0
-
This is a complex issue one probably best answered with proper legal advice.
My apologies if I am taking the wrong approach here. You do need legal advice as this is a complex area of immigration law. As mentioned above, if you know the Act/case law you have been quoted then please indicate it.
The cost of legal advice in this area is high as there are few specialists about and they can charge for their expertise. Citizens Advice won't have the skills but you can find one here
https://www.gov.uk/find-an-immigration-adviser
If you have had a quote from a IA and you are seeking free advice, you are unlikely to find it here. Try for an immigration charity close to you. Until you sort out your status, there is little progress to be made.Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
The law is like an ocean - have a swim but don't drown.0 -
It doesn't really matter how I got to this point, or what visa I held before. I was given a temporary visa so I could claim benefits and sort out my housing while they look at my visa application. And the law I am talking about in the section 3C of the Immigration Act 1971.
"A person’s leave will be extended under section 3C of the Immigration Act 1971 when they submit an application for leave to remain before their previous leave expires and are still waiting for a decision from the Home Office after their leave has expired.
When a person has 3C leave, any conditions attached to their previous leave will continue to apply until their application or appeal is concluded, for example, they may retain permission to work or recourse to public funds.
If the leave to remain application is refused, 3C leave will only continue whilst the person is appealing this decision when:
the application is refused after the person’s leave to remain has expired; and
the person has lodged their appeal within the given deadline.
3C leave will stop if a person lodges an appeal after the given deadline, even if the court later accepts it as being made ‘out of time’. When 3C leave ends and the person has not been granted another form of leave to remain then they will become an overstayer, at which point any entitlement to benefits and employment will end"
So it should continue, any immigration lawyer whether they be with citizens advice or not, should be familiar with this law.0 -
I suggest you request a Mandatory Reconsideration of the decision on the grounds that you are entitled to claim benefits because you have right to reside while awaiting the Home Office decision on your current application as detailed in the law you have referred to.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards