housing benefit , partner doesn't have ni number.

[dernawi]

hi I'm posting on behalf of a friend, she's lives with her partner who hasn't got status in the uk he is about to apply for a visa theough a new solicitor because his old one was useless and a money grabber, anyway regarding her when she was working she applied for hb because her wages was low and she got refused just because her partner doesn't have a ni number, now she's just left for maternity and she's really struggling but the hb have still refused. Any advice any one could give her would be appreciated. many thanks

Edited July 14, 2014 by dernawi

[estellyn]

I really don't know a lot about this, I'm afraid. When you say the partner doesn't have status, where is the partner from?

[dernawi]

I really don't know a lot about this, I'm afraid. When you say the partner doesn't have status, where is the partner from?

Libya he has been in the uk about 19 years and she's a British citizen.

[estellyn]

Libya he has been in the uk about 19 years and she's a British citizen.

 

On what basis has he been in the UK? Was it legitimately or not? For instance did he ever apply for asylum, have a work or student visa, and what type of visa is he applying for at the moment?

[GrahamMcLean]

Libya he has been in the uk about 19 years and she's a British citizen.

 

 

What has he been doing for money in the last 19 years? Is her partner living in the same house as her?

[goodatresearch]

It all seems dodgy. What on earth has be ending living on all these years, fresh air?

[estellyn]

It all seems dodgy. What on earth has be ending living on all these years, fresh air?

 

We're supposed to be advising, not judging.

[dernawi]

thanks estellyn, he came with his brother for medical treatment and overstayed, he is applying for ILR well trying to as when the other solicitor was supposed to put the application in he misplaced it and lied saying he sent it off and it was if you overstayed 14 years u could get it but because he misplaced it he missed it because it changed to 20years that's why he's going to a new solicitor if he can't get ILR I think he will apply for a visa as a partner of a British citizen.

[GrahamMcLean]

Have you considered going to Libya and asking them for some benefits?

[antone]

Have you considered going to Libya and asking them for some benefits?

 

That's not helpful. Please refrain from these sorts of attacks.

[antone]

thanks estellyn, he came with his brother for medical treatment and overstayed, he is applying for ILR well trying to as when the other solicitor was supposed to put the application in he misplaced it and lied saying he sent it off and it was if you overstayed 14 years u could get it but because he misplaced it he missed it because it changed to 20years that's why he's going to a new solicitor if he can't get ILR I think he will apply for a visa as a partner of a British citizen.

 

As he is not legally present in the UK, he won't be issued an NI number. To get one, you need to be able to work legally or claim benefits, neither of which applies in his case. So his top priority must be to sort out his immigration status. I don't know much about this, and can't say if or how this could be achieved, but benefits are not payable in respect of people who are not in compliance with the immigration rules.

 

It is possible, I suppose, that she may be able to claim as if she was single and be paid the appropriate rates for a single person and subsequently a single mother. This can be done in some cases - I did it for a period after my Canadian wife arrived here and before she had recourse to public funds, but of course she was here in compliance with UK immigration law.

 

As things stand, though, I'd say she should contact a specialist welfare rights adviser or solicitor experienced in benefit matters.

[dernawi]

As he is not legally present in the UK, he won't be issued an NI number. To get one, you need to be able to work legally or claim benefits, neither of which applies in his case. So his top priority must be to sort out his immigration status. I don't know much about this, and can't say if or how this could be achieved, but benefits are not payable in respect of people who are not in compliance with the immigration rules.

 

It is possible, I suppose, that she may be able to claim as if she was single and be paid the appropriate rates for a single person and subsequently a single mother. This can be done in some cases - I did it for a period after my Canadian wife arrived here and before she had recourse to public funds, but of course she was here in compliance with UK immigration law.

 

As things stand, though, I'd say she should contact a specialist welfare rights adviser or solicitor experienced in benefit matters.

thanks antone , I gave her the number for the welfare rights service hopefully there's something they can do. to be honest I don't see why they can't pay her I mean its her who's applying and she is a British citizen. wouldn't they have to put her in a hostel or B and B if she gets kicked out coz she can't afford the rent surely that will cost more in the long run. thank you for your advice i've been wandering around the forums for a while and you've given so much advice I'm sure it's much appreciated

[dernawi]

Have you considered going to Libya and asking them for some benefits?

 

thank you for your not so good intended input, as a matter of fact Libya does have benefits but why would she want to go there she's lived in England all her life has family here etc, and he has lived here nearly two decades and has hardly no family in Libya as there was recently a war and he lost most of the family, so if they go to Libya they will more than likely be on the streets , obviously you don't think before you speak , and I'm really glad that most of the people on these forums are nice and welcoming and give advice that people need not suggestions they didn't ask for.

[GrahamMcLean]

thank you for your not so good intended input, as a matter of fact Libya does have benefits but why would she want to go there she's lived in England all her life has family here etc, and he has lived here nearly two decades and has hardly no family in Libya as there was recently a war and he lost most of the family, so if they go to Libya they will more than likely be on the streets , obviously you don't think before you speak , and I'm really glad that most of the people on these forums are nice and welcoming and give advice that people need not suggestions they didn't ask for.

 

 

Forgive me here. But your friends partner has been living illegally in the UK for nearly 2 decades. Presumably he has been working in the Black Market economy paying no income tax whatsoever into the UK system. He has had that 2 decades to make himself legal. He chose not to.

 

You also contradict yourself telling how Libya has a benefits system and then tell us if they moved there they would be living on the streets. Looks like Libya doesn't feel like handing out housing and benefits to criminals that shouldn't be in the country. And before anyone slates me on calling him a criminal, he is an illegal immigrant whatever way you dress it up. If anything Libya has far greater wealth to support your friend and her partner.

 

Now I am sorry your friend is in this predicament. But it is a predicament of her own making.

If you were to ask a UK born and bred cancer victim that was being refused drugs that could drastically improve her life on cost grounds should he be given benefits, what do you think the response would be?

Were you to ask a veteran of WW2 who has now to sell his home to pay for his own care in his old age in a country he fought for and paid taxes in his entire life. Should your friends partner get housing and benefits, what do you think he would say?

 

This country has extremely limited resources. If you read any of the posts on this very forum especially on mental health. You will see how underfunded it is. As I see it the majority of UK citizens want to see our own populations health and wellbeing looked after before anyone else.

[dernawi]

Forgive me here. But your friends partner has been living illegally in the UK for nearly 2 decades. Presumably he has been working in the Black Market economy paying no income tax whatsoever into the UK system. He has had that 2 decades to make himself legal. He chose not to.

 

You also contradict yourself telling how Libya has a benefits system and then tell us if they moved there they would be living on the streets. Looks like Libya doesn't feel like handing out housing and benefits to criminals that shouldn't be in the country. And before anyone slates me or calling him a criminal, he is an illegal immigrant whatever way you dress it up. If anything Libya has far greater wealth to support your friend and her partner.

 

Now I am sorry your friend is in this predicament. But it is a predicament of her own making.

If you were to ask a UK born and bred cancer victim that was being refused drugs that could drastically improve her life on cost grounds should he be given benefits, what do you think the response would be?

Were you to ask a veteran of WW2 who has now to sell his home to pay for his own care in his old age in a country he fought for and paid taxes in his entire life. Should your friends partner get housing and benefits, what do you think he would say?

 

This country has extremely limited resources. If you read any of the posts especially on mental health. You will see how underfunded it is. As I see it the majority of UK citizens want to see our own populations health and wellbeing looked after before anyone else.

as I said before she worked till the end of last week now she's had to leave because she's on maternity, and they live together she was paying the rent, so just because she has a non legal partner means she should be on the street , it's either that or they split then they would pay it for her. it's ridiculous how your better off without your child's father living with you the government should be happy that parents are together. and yeah I do think uk citizens should come first especially the old and ill need more funding , but there's people getting all the help when they don't need it like single mothers who aren't really single, it just seems she's being penalised for falling in live with someone that's illegal.

[GrahamMcLean]

as I said before she worked till the end of last week now she's had to leave because she's on maternity, and they live together she was paying the rent, so just because she has a non legal partner means she should be on the street , it's either that or they split then they would pay it for her. it's ridiculous how your better off without your child's father living with you the government should be happy that parents are together. and yeah I do think uk citizens should come first especially the old and ill need more funding , but there's people getting all the help when they don't need it like single mothers who aren't really single, it just seems she's being penalised for falling in live with someone that's illegal.

 

In that case, Am I reading it wrong and your friends partner does not want any benefits or a roof over his head (in the house your friend is living in) paid for by the UK benefit system? Out of interest, who was paying the solicitor fees you outline above?

[antone]

In that case, Am I reading it wrong and your friends partner does not want any benefits or a roof over his head (in the house your friend is living in) paid for by the UK benefit system? Out of interest, who was paying the solicitor fees you outline above?

 

Did I stutter? Cut this out. Now.

[dernawi]

In that case, Am I reading it wrong and your friends partner does not want any benefits or a roof over his head (in the house your friend is living in) paid for by the UK benefit system? Out of interest, who was paying the solicitor fees you outline above?

 

she was paying the rent out of her hard working wages and just because they are struggling now more than ever, they don't deserve a roff over there head just because one of them are foreign , and when she was working she borrowed money of a friend and is paying it back in small amounts, u might call me crazy but I think everyone deserves help when theve hit hard times, I just hope your never in the situation that you need help, and if you are I hope it improves for you coz in this stone and age it's ridiculous that people are on the street. by the way she is a qualified primary school teacher working since she left studying, so no she's not a sponger.

[goodatresearch]

Is she receiving all the maternity pay she's entitled to? I believe statutory mat pay amounts to 90% of normal pay and if she's been working as a teacher its probably quite generous. Couldn't she go back to work after the child's birth, leaving the child with her partner whilst he sorts out his immigration status?

 

As to his immigration status, he will need a specialist immigration solicitor as he's been an illegal immigrant for a considerable length of time. Could argue the right to a private life, but this a specialist area.

 

As to his previous solicitor, he could also put in an official complaint and escalate to the SRA if necessary.

[id6052]

to claim HB, the partner must either have a NINo or have applied for an NINo

[dernawi]

to claim HB, the partner must either have a NINo or have applied for an NINo

 

if he does apply for a ni number and gets refused would they be able to claim? many thanks

[goodatresearch]

OK, we've established that as an illegal immigrant he can't claim benefits etc, but she isn't illegal. Can't she claim HB herself?

[dernawi]

OK, we've established that as an illegal immigrant he can't claim benefits etc, but she isn't illegal. Can't she claim HB herself?

 

that what's she's trying to do but cause she has a partner she has to put his details on the claim form but because he hasn't got a ni number their refusing to pay her Anything.

[goodatresearch]

that what's she's trying to do but cause she has a partner she has to put his details on the claim form but because he hasn't got a ni number their refusing to pay her Anything.

 

I see, has she appealed, they may have applied the rule incorrectly. They have certainly clamped down on benefits for immigrants, but she isn't an immigrant. Its a bit like stopping her statutory maternity pay because her partner is an immigrant.

 

Also, has she concidered my comments in post #19.

[dernawi]

I see, has she appealed, they may have applied the rule incorrectly. They have certainly clamped down on benefits for immigrants, but she isn't an immigrant. Its a bit like stopping her statutory maternity pay because her partner is an immigrant.

 

Also, has she concidered my comments in post #19.

she's appealed but they still said no , they are going to a solicitor in London he is very good and about the other solicitor I think they will just leave that it's to much hassle, she don't wanna go back where she worked they treated her crap when she told them she was pregnant and going on maternity.