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UK ILR - on benefits/living with son

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

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bhupendrams
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Joined: Mon Mar 30, 2015 9:26 pm

UK ILR - on benefits/living with son

Post by bhupendrams » Mon Mar 30, 2015 9:53 pm

Hi,

I need advice on ILR (Indefinite Leave to Remain in UK) based on spouse visa.

I am 64 yrs old and I came to UK from India on 26th June 2012.
My wife is 62 yrs old and is a British Citizen. We are living with my son in London.
My son takes no rent from us and pays all of our bills/food/etc.
I work part time and earn £550 per month. My wife gets £280 per month as job seeker allowance.

I had applied for ILR in Oct 2014, but was rejected because my English language certificate was from India (not issued in England).
In Oct 2015 I will be 65 yrs old, so instead of getting other English language certificate I want to wait till Oct 2015 and then apply.

We are now thinking to move out and live on rent. I need advice whether I will have problems with my ILR in Oct 2015 if we move out.

Questions:

1) If we (me and my wife) live on rent, can my wife apply for housing and council tax benefits along with job seeker allowance?
2) If my wife takes above benefits, will I have problems with ILR application in Oct 2015?
3) Will my ILR application remain much more easier and straight to get if we do not move out and live with son for another year?


Thanks

Amber
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Posts: 17456
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: UK ILR - on benefits/living with son

Post by Amber » Tue Mar 31, 2015 12:01 am

If your spouse receives Housing a benefit, it would have to be a single claim. However, you should meet KoLL ASAP and should apply for ILR ASAP then change your claim from JSA to Pension Credit as you'll be much better off and your spouse won't have to job seek anymore. Also, at the moment I don't understand how your spouse is getting JSA, the JSA claim should only be a single person amount and given your income, it should be zero, unless your spouse is receiving Contribution Based JSA (I.e. Has claimed JSA for less than 6 months).
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