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Housing benefit effect on spouse visa to ILR

Questions and discussions about claiming benefits while living and working in the UK

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crb
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Housing benefit effect on spouse visa to ILR

Post by crb » Tue Jan 29, 2013 12:04 am

Hi,
I have ILR and currently receive Child benefit and child/working tax credits.
My wife is on spouse visa(old rule , 27mths, expires nov 2014)......i have a 2yr old british child.

My question is If i claim housing benefit will it have negative impact on my wifes' ILR application ?

I talked to a council staff who said i could get max upto 800 pounds in housing benefit, less if getting tax credits. i did mention to the staff that my wife is on dependant/spouse visa.

thank you for any advice.

wiggsy
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Post by wiggsy » Tue Jan 29, 2013 1:54 am

see my post here:
http://www.immigrationboards.com/viewtopic.php?t=124086

if your partners presence increases or is likely to increase recourse to public funds then yes...

if not, no...

ILR means she will be elegible to claim too, so it would increase the likelyhood that you will claim more public funds...

whilst you can legally claim public funds... it might not be a wise move esp if ILR is "close"...

gaboon_viper
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Post by gaboon_viper » Fri Feb 01, 2013 5:58 pm

Hi
i am on ILR. i have 16 months one child which is born in UK. My wife is dependent on me, but she don't have indefinite. i want to know whether i can get house benefit? how many beds and how much?

your help will be greatly appreciated.

thanks

z18runway
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Post by z18runway » Fri Feb 01, 2013 6:10 pm

gaboon_viper wrote:Hi
i am on ILR. i have 16 months one child which is born in UK. My wife is dependent on me, but she don't have indefinite. i want to know whether i can get house benefit? how many beds and how much?

your help will be greatly appreciated.

thanks
I think you will get more info on your council website.

wiggsy
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Post by wiggsy » Sat Feb 02, 2013 4:44 am

gaboon_viper wrote:Hi
i am on ILR. i have 16 months one child ......
....
how many beds and how much?
ILR means you are elegible for benefits.

you can claim the same benefits that a single father/mother can claim.

this would mean a two bedroom property...

How much depends on your local authority, your earnings, etc...

Child Tax credits, working tax credits, wages, any other income
(except child benefit, and certain prescribed benefits are disregarded etc)
- im not a benefit expert :) - but as "runway" said, your best contacting your local authority.

ENSURE you tell them your wife has no recourse so you need to be treated as a single father of one on your claim.
(also, does your child have ILR / BC... im not sure how you including a child without ILR would affect their immigration, so be careful about this)

I have actually posted a few FOI requests to DWP / UKBA in regards to this situation, and hope to have a response by the 27th of feb from them.

but as it stands in the ukba's "no recourse" document... it states that as long as your no recourse dependant doesnt increase the funds then its all good...

but if she gets recourse obviously there is a good chance that she WILL increase recourse. therefore it could still go against you...

by informing the council of her status, AND ENSURING YOU GET A REPLY CONFIRMING THIS, at least you have "remained within the law" and have a "safety net" should it go against you.

gaboon_viper
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Post by gaboon_viper » Sat Feb 02, 2013 11:00 pm

thanks for your quick replies. i will try to talk to my local council.if a get a rented property, and paid the rent and deposit by myself, then claim house benefit, will i be getting my money back from the council, which i paid early. also how many days the housing benefits take to processing. thanks, waiting for your reply.[/quote]

wiggsy
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Post by wiggsy » Sun Feb 03, 2013 5:36 am

speak to your council...

if your going for a rented property, they will judge as to whether the rent is fair etc, (they will try to get the rent lowered as much as possible if the tenancy hasnt already started)

you realise that you will only be deemed as needing about 140-160 / week of income to survive with one child ( 71 + 65 with a disregard for working etc... - speak to council for rates)

its not a case of if you qwualify they pay ALL of your rent... they may only pay 50p of your rent..

its unlikely they will pay a deposit for you. - although some councils will provide a sort of bond as to they will repair any damages by you... (no money is placed) or you need to pay the deposit within 3 months of moving in (instead of 900 in one go, 3 lots of 300... etc)

backdating a claim - can be tricky... you need proof as to why you didnt apply sooner, and its at the councils discretion.

HB is usually paid from the monday FOLLOWING a claim. (so if you claim on a monday, you have a full week without benefit).

processing an housing benefit claim will vary by council. - i know my council took anywhere between 6 - 12 weeks to process "change of circumstances". - these are questions to ask the specific council / local authority.

AS a guide: this website will provide the rates of what a local authority will pay in rent

(note: if LHA allowance is £100 for a 2 bed, and your rent is £150, the council will consider your rent to be £100 for calculation of benefits.)

Also consider, 65% of your "Excess income" will need paying towards your rent.
(if your rent is 100, and your excess income is 100, then you pay £65, the council will pay 35.)
20% of your excess income must be paid towards council tax.
(council tax is about £25/week by me, if excess income is £100, then i must pay £20 / week towards council tax, and council tax benefit will pay £5...
BUT: BEWARE WITH COUNCIL TAX BENEFIT: THIS IS DIFFERENT TO HB.
AS YOUR PARTNER IS LIVING WITH YOU, YOU ARE NOT ENTITLED TO THE 25% SINGLE ADULT DISCOUNT. IF YOU GET CTAX BENEFIT, IT WILL BE ASSESSED ON THE FULL AMOUNT. AND THEREFORE YOUR WIFE INCREASES PUBLIC FUNDS!
- DO NOT CLAIM COUNCIL TAX BENEFIT - MAKE IT CLEAR THAT YOU DO NOT WISH TO CLAIM IT -

https://lha-direct.voa.gov.uk/search.aspx
^ SEARCH FOR LHA RATES BY POSTCODE/COUNCIL.

note: its best to search by postcode of an house, because one street could be "Warwickshire" council and another "Stratford District Council", its more accurate to know the house council by postcode.

k_alibaba
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Post by k_alibaba » Tue Feb 05, 2013 11:37 pm

Dear Friends,
I had been on the forum for quite a while, been a silent reader to member.
I am in a situation and require some information/guidance from the well knowledgeable members of this forum

I applied for ILR on the basis of 10 years(8 years student & 2 years DL) in sept 2012 and hopefully i will get it sooner or later. (if God be willing)

My family(me, wife and 2 kids) is currently on 3 years discretionary leave from 2010 to 2013.

my wife and daughter joined me in UK in 2006 as student dependents and later in 2007 my son born here and diagnosed with rare medical condition.

our current leave did not restrict us from taking benefits so we're getting child benefit for both of our kids along with DLA for my son and both these applications made on my wife's name and also we both work and pay our tax.

Now i have to apply FLR-M for my family and don't know if this benefit thing could be an issue and whether or not they have to be on 5 years probationary period before they can apply for ILR as my dependents because they are living here from 2006 and son born in 2007.

My initial plan was that, once i get the ILR will transfer benefits on my name but still we re getting benefits on the basis of kids.

will there be any complications and whats the best way out or shall i stop the benefits and then apply for the FLR-M ??
we do not take any income related benefits or housing benefits or JSA or Tax credits.
i would be grateful if someone can guide me cos dont want to go to solicitors cos they dont have up to date information.

Regards,

Greenie
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Post by Greenie » Wed Feb 06, 2013 12:00 am

Why is your wife applying on FLR(m)? She should just extend her DL for a further 3 years and then apply for ilr. If your child was born in the UK you can register him as a British citizen once you have ilr.

k_alibaba
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Post by k_alibaba » Wed Feb 06, 2013 1:05 pm

Greenie wrote:Why is your wife applying on FLR(m)? She should just extend her DL for a further 3 years and then apply for ilr. If your child was born in the UK you can register him as a British citizen once you have ilr.
thanks,
since my wife and daughter been in uk from 2006 as my dependents so i think they dont have to wait for the probationary period of 5 years and son born in 2007 he may also qualify for ILR.
but the quickest route is FLR/M and once it approved i can lodge set/m for all or just for my daughter n wife.

see this link
http://www.whatdotheyknow.com/request/d ... ing-294986

also there are some of the members in 10 years route did the same.
i am still searching for the most viable and quickest n hastlefree route

the only thing that is disturbing me is the benefits? may or may not...
regards

wiggsy
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Post by wiggsy » Wed Feb 06, 2013 4:05 pm

if you can hold out until AFTER the application, it might be wise to...

if not... ensure you let the Council know EVERYTHING. do not try to conceal any facts...

if they pay you wrongly, you will have evidence that it was an administration error by the public authority. and can appeal on these grounds.

if your child does not have ILR / Settled status, then you can only claim on your own basis... (single adult rate)... and chances are you will qualify for no help.

do you have ILR? / Settled status?

if so you can claim CB. if not, on what grounds can you claim CB (there are few exceptions to the rules) ... this may affect your claim for partner/childs FLR.

your son born here... what is his leave to remain?

Greenie
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Post by Greenie » Thu Feb 07, 2013 4:39 am

k_alibaba wrote:
Greenie wrote:Why is your wife applying on FLR(m)? She should just extend her DL for a further 3 years and then apply for ilr. If your child was born in the UK you can register him as a British citizen once you have ilr.
thanks,
since my wife and daughter been in uk from 2006 as my dependents so i think they dont have to wait for the probationary period of 5 years and son born in 2007 he may also qualify for ILR.
but the quickest route is FLR/M and once it approved i can lodge set/m for all or just for my daughter n wife.

see this link
http://www.whatdotheyknow.com/request/d ... ing-294986

also there are some of the members in 10 years route did the same.
i am still searching for the most viable and quickest n hastlefree route

the only thing that is disturbing me is the benefits? may or may not...
regards
The problem is your wife currently has discretionary leave, and not leave as your dependent. She cannot switch on FLR(M) under para 284 (the old rules) because it is not possible to switch from leave outside the rules in that category (it is only possible to switch from leave granted under the rules also applications will only be considered under the old rules if the person has leave granted under part 8 of the rules prior to 9 July 2012) Your wife's has discretionary leave, not leave granted under part 8 therefore any FLR(m)\application would be considered under the new rules. She would not be able to use time spent on discretionary leave as part of the probationary period under the new rules and time as a student dependent or PBS dependent doesn't count towards the 5 year probationary period under appendix FM. As such an extension of discretionary leave is the most straightforward and quickest route to ilr for your wife.

k_alibaba
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Post by k_alibaba » Thu Feb 07, 2013 4:38 pm

wiggsy wrote:if you can hold out until AFTER the application, it might be wise to...

if not... ensure you let the Council know EVERYTHING. do not try to conceal any facts...

if they pay you wrongly, you will have evidence that it was an administration error by the public authority. and can appeal on these grounds.

if your child does not have ILR / Settled status, then you can only claim on your own basis... (single adult rate)... and chances are you will qualify for no help.

do you have ILR? / Settled status?

if so you can claim CB. if not, on what grounds can you claim CB (there are few exceptions to the rules) ... this may affect your claim for partner/childs FLR.

your son born here... what is his leave to remain?
--------------------------------------------------------------------
My son born here in uk in 2007 diagnosed with rare metabolic condition (genetic disorder) and before that they were student dependents.
Discretionary leave leave is granted as i was the main applicant and DL is granted under Article 3 and article 8 of HR.

we have no conditions on our leave about public funds. so i presume it means no restrictions.
while applying for the DLA and CB i did wrote about my current status as a covering note and they asked to send me the home office letter granting the leave and i provided it to them.
my ILR application is with the Home office right now and will be decided in this month or next (as per 6 month avg time taken by HO)

my son is in special school now for two years and council know all about his condition while the process of placement and assessment in allocating placement in school and believe me its really hard to get a place in special school compare to normal schools.

gaboon_viper
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Post by gaboon_viper » Fri Feb 08, 2013 8:25 am

thx wiggsy for reply

libra66
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Post by libra66 » Sat Jun 29, 2013 7:25 am

I have found the answer.. Thanks for the help bernhardwe..
Keep posting here such a helpful posts...

Amber
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Post by Amber » Sat Jun 29, 2013 9:19 am

libra66 wrote:I have found the answer.. Thanks for the help bernhardwe..
Keep posting here such a helpful posts...
What was the question and what was the answer? :shock:
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k77
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Post by k77 » Mon Jul 01, 2013 8:05 pm

Hi guys
I have recently got my ILR.I am on the jobseeker allowance. I have to bring my wife and child from Pakistan.I have few questions

1) If I apply for a council house now, will it affect my visa application for my wife.

2) Can job seeker allowance affect her visa application

3) Based on my indefinite visa, can I apply for my child naturalisation in Pakistani british embassy.My child is born in Pakistan and never been to Uk.

waiting for your answers.
Thanks.

Amber
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Post by Amber » Mon Jul 01, 2013 8:14 pm

k77 wrote:Hi guys
I have recently got my ILR.I am on the jobseeker allowance. I have to bring my wife and child from Pakistan.I have few questions

1) If I apply for a council house now, will it affect my visa application for my wife.

2) Can job seeker allowance affect her visa application

3) Based on my indefinite visa, can I apply for my child naturalisation in Pakistani british embassy.My child is born in Pakistan and never been to Uk.

waiting for your answers.
Thanks.
Under the new rules unless you've got a lot of savings you've got no chance being on job seekers. No he can't register for citizenship in Pakistan. Once you naturalise you should consider the surrinder Singh route if you can't get a job.
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k77
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Post by k77 » Sat Jul 06, 2013 10:21 am

Hi Guru,
Thanks for your reply.Can you further explain how surrender singh route will work in my case.I do not know about this route. What documents will be needed?

Your help will be much appreciated.

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Post by Amber » Sat Jul 06, 2013 10:35 am

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k77
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Post by k77 » Sat Jul 06, 2013 1:30 pm

One of the solicitors has told my friend that he can bring his wife on visit visa and then if he has a child here, his wife can settle down here.
can I do this in my case?

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Post by Amber » Sat Jul 06, 2013 1:44 pm

Relying on discretionary leave to remain is not a clever idea. The solicitor should know better.
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SSWSZ
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Re: Housing benefit effect on spouse visa to ILR

Post by SSWSZ » Thu Jan 02, 2014 9:17 pm

Hi guru plz ans if we claim housing benefit with ILR status will this effect naturalization in anyway . Thanks
ss

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Casa
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Re: Housing benefit effect on spouse visa to ILR

Post by Casa » Thu Jan 02, 2014 9:23 pm

No it won't.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

SSWSZ
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Re: Housing benefit effect on spouse visa to ILR

Post by SSWSZ » Thu Jan 02, 2014 10:13 pm

Thanks a lot for reply
ss

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