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I am 92 and have married couple as lodgers, Englishman Thai

 
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  • Answered by:INC
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Customer Question

I am 92 and have married couple as lodgers, Englishman Thai wife, arrived with me from Thailand about a year ago. She has been receiving Carers Allowance for some time but now Citizen's Advice Bureau say she cannot receive it as it is Government funds.

1) If we had not been told this and the situation continued would it have affected her eventual application for Citizenship? After all, her application for the allownce required her Passport to be sent, so her status was not concealed.

2) Can the Government demand a refund of money received?

 

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State/Country relating to Question: United Kingdom

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Submitted: 409 days and 22 hours ago.
Category: UK Immigration Law
Value: £22
Status: CLOSED
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Expert:  INC replied 409 days and 22 hours ago.

Hi,

 

Thanks for your question.

 

Carers Allowance is a public fund and should not be claimed by people who are subject to Immigration control.

 

In response to your questions:

 

1. Yes it would have affected your wife's ability to obtain Indefinite Leave to Remain (ILR) as she would not have been able top prove that she was not reliant upon public funds and thus her application may have been rejected.

 

2. If requested to pay the Carer's Allowance back, I am afraid that she will have to do so.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer replied 408 days and 20 hours ago.

Is the bit about proving not reliant on public funds the only reason ir could hamper her application?

Accepted Answer

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Expert:  INC replied 408 days and 20 hours ago.

Yes, that is correct.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Expert TypeSolicitor-Advocate
Category: UK Immigration Law
Pos. Feedback: 90.8 %
Accepts: 786
Answered: 3/11/2012

Experience: Ll.B, Pg.Dip LPC L.LM, Higher Rights Civil, M.B.A (Pending)

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