A low-paid Ghanaian carer has had all the benefits she is legally entitled to, including disability allowance, canceled by her children due to fears about her immigration status following a policy change announced by the Home Secretary.
The sweeping changes to legal migration announced by Shabana Mahmood on 20 November will penalize people who are living and working in the UK legally but who claim benefits.
In what is believed to be the first case of its kind since the announcement, the carer, who has three children, has asked officials to revoke her work benefits. This includes housing benefit and Universal Credit as she is on a low income, plus her eight-year-old daughter, who is autistic, receives Disability Living Allowance (DLA) of £103.10 a week to help with personal care and mobility.
Earlier, many people were able to apply for Indefinite Leave to Leave (ILR) after five years. The government announcement has extended the deadline for many people before they can apply for it.
Carers are one of those on what is known as the “10-year route”, whereby people have to pay thousands to renew their temporary leave to remain every 30 months for a decade before they are eligible for ILR. Under the proposed changes, the period before they can apply has been extended to 20 years.
The government has also proposed that people who have received benefits for more than 12 months will face a wait of 20 years, up from the current five years, under some visa routes.
The woman, who has completed nine of her 10 years, said advocates in her community were circulating TikTok videos warning people how their eligibility for ILR would be significantly affected if they claimed benefits.
“I heard about these changes and decided to cancel all of my benefits,” he said. “The only way I’ll be able to pay my rent and manage to feed my kids is if I increase my working hours as a caregiver to 60 hours per week. Some weeks I’m already working 50 hours, but I need to increase my hours now.
“My daughter, who is autistic, doesn’t sleep much so I’m constantly tired. My body is in a lot of pain. I have to try to get some medicine from the doctor to deal with the pain so I can work extra hours.”
She said she only started claiming benefits while working on the advice of her daughter’s school. “Teachers said I should work less hours so I could spend more time with my children. I’ve stopped benefits even though I need them because I’m so scared I won’t be able to find my place in the UK.
“It feels very unfair that I received benefits because I am on low wages and now it is being used against me. It was a difficult decision to ask for my benefits to be stopped, especially given my daughter’s DLA, but I didn’t know what else I could do. I have no voice.”
Nick Beals, head of campaigns at Ramfels (Refugee and Migrant Forum of Essex and London), a women’s aid charity, said: “The government’s ‘earned settlement’ plans clearly discriminate against South Asian, African and Caribbean migrants, who make up the vast majority of people on the current 10-year pathway to settlement. The difference between classism and racism is clear, with the government making it clear that they view low-paid work as less valuable and meaningful.
“People like this woman now face a stark choice: continue to receive the necessary state support issued to her disabled child and keep herself locked out of permanent immigration status or sacrifice that support to the detriment of her child, in the hope that she will still eventually secure permanent status. Her case is not an isolated incident.”
A government spokesperson said: “As the Home Secretary has set out, under our proposed new settlement model, individuals will have the opportunity to reduce the qualifying period for settlement and citizenship based on their contribution to the UK economy and society. We have launched a consultation and encourage foreign workers to participate.”
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