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Thread: Helping a young immigrant

  1. #1
    Senior Member nukecad's Avatar
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    Helping a young immigrant

    Bad news yesterday, a good friend died on Thursday night.

    Not unexpected, he has been bedridden in hospital for the last few months with pancreatic cancer, but still not nice to lose someone.

    A further complication now he has passed is that for the last 4 years he was guardian to a young American lad.
    Not sure just what official status this had, I know there were some solicitors letters, etc. signed between my friend and the lads mother.

    This lad now needs help, besides being distraught at the death, and a few of us are trying to help him out.
    He has just turned 18, so at least there should no problem with needing a guardian now.

    They lived in a Housing Association bungalow, and of course the HA want this back for elderly or disabled residents.
    They have said that he can continue to live there for a while and they will try to find him other accomodation.
    But of course he is worried about being made homeless.
    I've advised him that it takes at least 2 or 3 months to evict, and that is after they give him offical notice.
    Another friend is helping him with this aspect.

    There is then the question of his immigration status.
    I believe that he has Indefinite Leave to Stay on his visa, but he says he does not have a Biometric Residence Permit.
    Without the BRP he cannot get employment, he can't even rent a house, landlords now have to check BRPs for new rental agreements.
    I'm also not sure whether he can claim benefits, I need to ask what it says on his visa about recourse to public funds.

    It seems from what I have read up to now that he may already have a BRP on file with the Borders Agency, even if he doesn't possess the actual card.
    Since 2008 it's been part of the visa application to have this, I'm not sure just when it came in for children over 6 years old.
    So his mother may have a card for him; but they don't speak.
    (She kicked him out at 14 years old which is why he was living with my friend. I don't know just why she did this, he's by no means a tearaway, I think it was something to do with her partner at the time).

    Anyway, for my part I am looking into the immigration situation.

    Up to now it looks like his best course would be to apply for UK citizenship, he seems to meet the qualifications.
    (But it seems he still needs the BRP first)

    Lots more reading to do; it seems even more complicated than ESA/PIP if that could be possible.

    Anybody had to do anything like this, preferably recently as the immigration laws have changed a lot recently?
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  2. #2
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    Sorry, not able to advise; but these forums may provide some answers if you post your dilemma with them.

    http://www.ukimmigrationforum.com

    http://www.immigrationboards.com

    http://www.ukresident.com

  3. #3
    Senior Member nukecad's Avatar
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    Thanks,

    I had already told him about immigrationboards.com, I'll pass on the others.

    Having done a bit more research, and found out a bit more about his visa, he will have to transfer his Indefinite Leave to Stay to a Biometric Residence Permit.
    https://www.gov.uk/government/public...in-uk-form-ntl
    Turns out his mother has already done this for herself and his older sister but not for him.

    It's not a difficult process but costs £308 if you do it by post, plus £19.20 to register your fingerprints and photo at a post office.
    You can also make an appointment to do it 'same-day' at one of the UKBA offices, that costs £808.

    At the moment though he cannot work (legally) or claim any benefits so he's going to be strapped for cash.
    I probably shouldn't say this but he is going to get some offers of the odd job working 'cash-in-hand' for a couple of builder friends.
    They don't need a labourer but are willing to help out, he will go on their accounts as 'casual labour'.

    The guy who was looking into the housing situation and his wife have taken the lead on looking out for him and have generously said they will pay the £308 fee if needed. Others of us will also chip in if needed.
    They/we will expect him to make some effort himself to resolving his situation, and to pay what he can or offer a repayment plan; not so much for the money but to show some commitment and that he appreciates the help he is getting.

    I'm still advising that he eventually applies to become a UK citizen by 'naturalisation'; but this application currently costs £1236 so I guess it will be a while before he can afford it.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  4. #4
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    Usually Indefinite Leave to Remain entitles you to benefits.

    However, it does depend on how he got this status.

    https://www.turn2us.org.uk/Benefit-g...eave-to-remain

    It might be worth while his applying for JSA and see what they say. Are there any restrictions mentioned on his passport?

    Personally I think your friends are taking a bit of a risk employing him as a casual labourer (on their accounts) as without doing the correct checks this would be illegal and subject to a hefty fine. (I know it happens but you only need one 'busybody'.... )

  5. #5
    Senior Member nukecad's Avatar
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    His current passport/visa says 'no recourse to public funds', which means no entitlement to mainstream benefits.
    It also leaves his housing situation in doubt as NRPF also usually means no access to social housing

    In some cases Local Authorities have a duty to support those with NRPF, who must be refered by social services-
    Destitute families. (S17 Children’s Act 1989)??
    Single adults with care needs. (Care Act 2014, S117 Mental Health Act 1983)
    Young people leaving care.? (Children (leaving care) Act 2000)?

    As a healthy 18 yo he doesn't fit those catagories.
    He needs to contact the council on Tuesday and see what, if anything, they can do to help him.

    You would think that there should be some kind of safety-net for people in his situation; but at the moment he seems to be in a black hole as far as the current legislation goes, partly because the implications of recent changes to immigration law and benefit law were not considered fully.

    We need to contact the council on Tuesday and see what, if anything, they can do.

    Yes they may be taking a bit of a risk, there again as we all know self-employed builders are good at creative accounting
    He probably won't appear on the books - TBH it's more a case of supporting him, but not just giving him money for no effort on his part.

    There is a 'NRPF Network' website, I'll be checking that out later.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #6
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    I suspect that he is going to need a specialist solicitor to sort this out.

    CAB may be able to give you a name of someone in your area.

    I am not sure what financial help there would be for this.

    Is his mother living in the UK? Any chance of a reconciliation? She could at least help with whether your friend had legal guardianship.

    Did your friend leave a will? Just thinking 'outside the box' really and wondering whether there was any way of raising some cash - apologies if you find this offensive. Must be an extremely difficult time for everyone.

  7. #7
    Senior Member nukecad's Avatar
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    No offense at all,

    As you say it needs some advice from someone who is used to dealing with immigration issues.
    It seems clear what his first steps should be, but a specialist may have more tips.

    He should realy have sorted out the BRP when he turned 18, lets put it down to the fact he was concerned about his gaurdian being terminally ill and so wasn't concentrating on much else.

    His mother lives locally but I don't think there is much chance of a reconciliation, at least for a number of years.
    Someone is intending to talk to her about the guardianship thing, and there must be those 'signed papers' somewhere.

    My friends son is dealing with his funeral arrangements, and I assume there is a will he was that kind of guy.
    The son has had to go home to Wales but will be back up here tomorrow and staying for a week to go through his papers and so on.

    At the moment its just one of those timing things, understandably no one was doing much on Friday, the day after he died, and now everywhere is shut for the bank holiday.
    At least it gives a bit of time to get information together before contacting the council, etc.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  8. #8
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    Hi Nukecad

    So sorry about your lost. Its is never easy to loose someone. Now in regard of the issue facing the young man you say that he does have Indefinite Leave to Remain .

    If this is correct, than this means that he has got the same right than a British citizen. He is allowed to claim help with HB, CT etc. Now the other problem concerning is new passport will not change is right except that when you produce another passport even with indefinite stays most people specially the one working in Job center or Housing will give you headache because they do not know the meaning all they are concentrating themselves is a British passport wish prove to them that you are entitled to everything being British.

    So He does not need to have a British passport . Only if he want to avoid headache with people not knowing the rule. All he need to do is to try to find a job suitable for him then save so money to enable him to paid for his new passport. I know this for a fact because my sister is solicitor for Cab and also I used to work in recruitment so my post was to recruit then check passport eligible to work under various visa and stay . and I also liase with the immigration into current laws and visa entitlement for workers.

    I hope this can help you.


    Indefinite Leave to Remain

  9. #9
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    His current passport/visa says 'no recourse to public funds', which means no entitlement to mainstream benefits. could you check the date this was says . why I am asking for this information because if this was done when he arrived with his mother and sister in UK this was the first entry into the UK. Now to have an indefinite stays means an evolution into situation into settle in UK. so can you check and see if this is the case.

    Thank

  10. #10
    Senior Member nukecad's Avatar
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    Bibine,

    As stated above the situation with his mother is complicated (and was made worse by her actions at the funeral).

    Yes, at the moment his visa says that he has ILR but NRPF.

    As you are probably aware yourself the immigration rules have changed quit a lot recently and are still a moving target.
    So his status at the moment is can't work without a BRP can't claim benefits because of NRPF; it should have been sorted out earlier by the mother but wasn't.

    Not to worry,
    He is now well on course to get his Biometric Residency Permit, which gets him up to date with legislation and will enable him to take up employment. (and to rent a flat, recent changes to rental laws mean that landlords have to check this).
    He can then start saving towards the cost of a full citizenship application.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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