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Can a visa overstayer (illegal/no right to live in UK) claim?

 
(@manchester2005)
New Member Registered

Hi all,

           CSA application received from mother who lives in the UK but her visa expired last year and wasnt renewed. According to https://www.gov.uk/child-maintenance-service/eligibility eligibility includes "You need to live in the UK as your main home and have the right to live here." which she wouldn't meet on the basis of no right to live here.

The Citizens Advice website however mentions only a need to be "habitually resident", which could technically be met by anyone living here irrespective of legal status.

Does anyone have any information on this, and also what proces I should follow to dispute the app?

 

Thanks.

 

Quote
Topic starter Posted : 30/01/2024 2:27 pm
(@bill337)
Illustrious Member

hi, all I can suggest is you call CMS on 0800 171 2345 and inform them of her residency status. I think they will keep application open if you don't have evidence she will be leaving/removed from UK.

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Posted : 30/01/2024 4:59 pm
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