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affecting ILR?

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

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fksumon
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Posts: 4
Joined: Wed Jun 27, 2012 1:50 pm
Location: UK

affecting ILR?

Post by fksumon » Fri Aug 01, 2014 2:00 pm

Hi John/Amber

I am British citizen and my wife is Indian. She has been here for almost 2 years on a spouse visa in 5 years route. I am working fulltime and my wife was working part time until January this year when she gave birth our first baby. Since then she is receiving Maternity Allowances from DWP. In March this year I applied for Child Benefit, Child Tax Credit and Housing Benefit, as our earnings was not sufficient to cover increased expenditures.

When applied for Housing Benefit I mentioned on my application about my wife’s Visa status and condition of the Visa (‘no recourse to public fund’) and tell them that I would like to be the only applicant for the claim. They awarded me HB and mention in their letter that for two reason they had to include my wife in my claim as she got an NI no and she is in receipt of Maternity Allowance from DWP. Also mention the latter that, as MA is a public fund and payable from DWP, therefore her entitlement to MA have been included in the claim.

In the attached statement (where they showed how they calculated HB) they include my earnings, CB, C Tax credit and showed my wife’s MA as unearned income. HB entitlement is shown as follows,

Family Premium £17.45
Dependants personal Allowances - For the baby £66.33
Couple personal Allowance £113.70

My question is,
1. Whether my wife is in breach of her Visa condition due to this HB claim?
2. In November this year she will stop receiving MA. And I assume that because of this HB entitlement will go up. Is this going to effect her Visa condition?
3. Overall how this will effect when she will apply for extension and also ILR and also do we need to declare this in the application from?
I will highly appreciate your response.

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