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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8398
Experience:  Dual qualified Solicitor and Attorney
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How to stop one parent from taking the benefits when she has

Customer Question

How to stop one parent from taking the benefits when she has abducted the child and flew to UK just to rely on benefits system?
Submitted: 22 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 22 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 22 days ago.

Where did they take the child from?

Customer: replied 22 days ago.
From India
Expert:  Jeremy Aldermartin replied 22 days ago.

I see, well sadly there is no basis to prevent them claiming benefits in the UK if they are eligible for them and eligibility is not dependent on the arrangement between the parents as to the status of the child. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Expert:  Jeremy Aldermartin replied 22 days ago.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day

Customer: replied 22 days ago.
Ok, In terms of eligibility I hope both the parents income and saving level will be considered, so can she apply for benefits by hiding facts about me just to become eligible?
Customer: replied 22 days ago.
Based on my income level we are not eligible for any benefits
Expert:  Jeremy Aldermartin replied 22 days ago.

No, it will be based on her income and savings as you are not together and indeed I infer not even in the same country. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Customer: replied 22 days ago.
Can we not consider the fact that it is not their habitual residence ?
Expert:  Jeremy Aldermartin replied 22 days ago.
No, afraid not. Take care
Customer: replied 21 days ago.
She is not a British citizen but have ILR
Customer: replied 21 days ago.
In the benefit calculator, it is written you’re not if not a British or Irish citizen
Expert:  Jeremy Aldermartin replied 21 days ago.

She can have habitual residence if she indefinite leave to remain. For example on the citizens advice bureaux website it states: "You can apply for all UK benefits and services, if you’re eligible - unless a family member or friend made a ‘maintenance undertaking’ when you applied." You can see that here: https://www.citizensadvice.org.uk/immigration/are-you-subject-to-immigration-control#:~:text=If%20you%20have%20settled%20status,and%20after%2030%20June%202021.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Expert:  Jeremy Aldermartin replied 21 days ago.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day