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CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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In error I sought and got legal aid funding for access to my

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In error I sought and got legal aid funding for access to my children. My wife now called the Legal Aid Commission telling them that I should not have been granted Legal funding as I have ''no recourse to public funds'' marked on my visa.
The LSC wrote me a discharge or revocation is being considered. The final hearing comes up in a week.
How does it affect my legal stay and my chances of being granted an indefinite leave to remain in mid July?
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 7 years ago.

Public funding to get access to your children does not count as public funds for the purpose of your visa. You are therefore not breaching your conditions in any way by getting this legal assistance. The public funds to which it refers are things like income support, employment support allowance etc. You are not allowed to claim these on your visa but legal aid shouldn't count as a breach of your requirements and therefore should not have any impact on your getting ILR. If the Legal Services Commission try and tell you that you should repay the money, you should query this as it legal aid does not count as a public fund since asylum seekers have no eligibility to public funds but they are the main recipients of asylum legal aid.


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Customer: replied 7 years ago.
I do not know if I can safely accept this as the LSC is operated with public funds.
Expert:  CharlotteSJ replied 7 years ago.

Click on this link.


This is the Home Office explaining exactly what they count as public funds and what they don't. As you can see, they do not consider legal aid to be public funds for the purpose of your visa.


Yes the LSC is government funded but it is not considered to be 'public funds' in the same way that income support is.


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