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Claiming benefits but my partner is an overstayer

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

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VT
Junior Member
Posts: 57
Joined: Mon Aug 17, 2009 1:26 pm
Location: UK

Claiming benefits but my partner is an overstayer

Post by VT » Sun Nov 15, 2009 1:05 pm

I don't really know where to start!
I posted something on here a few weeks back but since then i've been to the council and they have told me something that i wasn't aware of. Also been to the job centre and made a claim for Income Support as well as already being on Maternity Allowance.

Anyway, I'm 18 years old and my "boyfriend" is almost 22. We are expecting our first child together, been together for approximately a year and a half and are very much a couple.

He is an overstayer from Nigeria.

He made an application a few years back to remain in the UK on his own, as his mother had been deported and left him here on his own, after bringing him to the UK at the age of 12, overstayed her Visa and failed to tell anybody. However, his application was denied as they decided at the age of 12 "he was able to recognise he was in the UK illegally and should of returned with his mother".

Several months ago his solicitor told us that we should make an application for a certificate of approval and so we filled out an application and gave it to the solicitor. (I'm going to contact her on monday as she's VERY unreliable and still hasn't got in touch with us after numerous phone calls trying to find out what's happening.)

However, after completing the application i decided to open a case with a solicitor regarding benefits/housing as i was completely unsure as to what benefits i could claim etc. and my partner is obviously unable to work without a permit and i'm going to struggle enormously with trying to provide for him, myself and our baby.
He then told me that he does not see any reason why my partner cannot live with me in a house owned by a housing association. I've recently spoken to the council and they have told me that i can have anybody living with me in the house, as long as i do not apply for another house accommodating my partner, for example a bigger house for any other children he may have.

But now i'm concerned about any benefits i'm able/not able to claim. I've been to the Job Centre and i have been completely honest with them. I'm currently claiming Maternity Allowance as i'm on Maternity leave from my part time job.. This works out at 36 pounds per week, so they have suggested i make a claim for Income Support, topping my Income up to 50 per week. I told them about my partner but they have told me not to include him on my claim as we're not currently living together.

They then went through any benefits i'm able to claim when my baby is born, if i'm working 16 hours per week and these include child benefit, working tax credit and child tax credit.. Giving me a weekly income of approximately 200.
They failed to make it clear whether my partner is/is not able to live with me whilst i claim these benefits.
Also, i'm going to have to claim Housing Benefit but i have to go to the council to find out whether i can or not.
Does anybody know whether i am able to?
How will this affect the COA?
Is there anything else that i should be aware of?


Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Nov 15, 2009 7:28 pm

I fail to see any way in which the COA can help you, except enabling you to become legally married to your partner. The risk associated with obtaining the COA and then getting married, far outweighs the one attached to not applying for one. There is a possibility that the HO might want to arrest your future husband on your wedding day, which is something that has happened in the past. Also even if you succeed in securing it, you will not enable him to obtain a status.

I feel truly sympathetic about his situation, but i frankly speaking can't see how you can help him, when you are under 21 and not working or have adequate home to accommodate him.

Perhaps you might want to consider Church Of England if you want to get married rather than the COA route.

Your benefits will not be affected if you mention him, as he is unemployed.

You might want to seriously consider moving and living with him in another memberstate like Ireland, if you want him to stay with you in the UK, or become a part of your child's life.

The other option is him, applying for a Visa to access a UK child which will be impossible to obtain if he is short of funds to support himself.
Smooth seas do not make skilful sailors

SBT_Owner
Member of Standing
Posts: 356
Joined: Sun Sep 06, 2009 6:16 pm

Post by SBT_Owner » Sun Nov 15, 2009 10:49 pm

It is a shame he is not a real man that is willing to support his child and partner , the benefit system yet again has to pay a price :( .

My tax gets to pay for the child of another man ... it is crazy :( . Cases like this show how poor the system is and if people decide to have kids they should support the kids ... and be able to support themselves rather than expecting everyone else to pay for the kid and the parents .

VT
Junior Member
Posts: 57
Joined: Mon Aug 17, 2009 1:26 pm
Location: UK

Post by VT » Mon Nov 16, 2009 11:03 am

RattleSnake wrote:It is a shame he is not a real man that is willing to support his child and partner , the benefit system yet again has to pay a price :( .

My tax gets to pay for the child of another man ... it is crazy :( . Cases like this show how poor the system is and if people decide to have kids they should support the kids ... and be able to support themselves rather than expecting everyone else to pay for the kid and the parents .
I did not ask for that, did i? Yes i KNOW me and my partner are the only ones to "blame" for the situation we find ourselves in, but we are trying. If he could work, then he'd work all hours that God sends to provide for me and his child. So i fail to see your point when you say "rather than expecting everyone else to pay for the kid and the parents".

VT
Junior Member
Posts: 57
Joined: Mon Aug 17, 2009 1:26 pm
Location: UK

Post by VT » Mon Nov 16, 2009 11:17 am

Obie wrote:I fail to see any way in which the COA can help you, except enabling you to become legally married to your partner. The risk associated with obtaining the COA and then getting married, far outweighs the one attached to not applying for one. There is a possibility that the HO might want to arrest your future husband on your wedding day, which is something that has happened in the past. Also even if you succeed in securing it, you will not enable him to obtain a status.

I feel truly sympathetic about his situation, but i frankly speaking can't see how you can help him, when you are under 21 and not working or have adequate home to accommodate him.

Perhaps you might want to consider Church Of England if you want to get married rather than the COA route.

Your benefits will not be affected if you mention him, as he is unemployed.

You might want to seriously consider moving and living with him in another memberstate like Ireland, if you want him to stay with you in the UK, or become a part of your child's life.

The other option is him, applying for a Visa to access a UK child which will be impossible to obtain if he is short of funds to support himself.
I know that us getting married will not help the situation at all, but it's what we want.
I was then going to work full time when i'd recovered from the birth etc... Wait until i am 21 and then apply for a Spouse Visa. Does he have to go back to Nigeria to obtain this?
How likely is it that the HO will arrest him on our wedding day?
I have no idea how to go about getting married through the CofE.

I was reading about making an application for a Visa to access a UK child (rule 248) he must go back to Nigeria to obtain this, right? & i thought that with this Visa it enables him to work in the UK which means he will be able to support himself. How long does it usually take for individuals to come back to the UK on the basis of having a child here?

& i've noticed under rule 248 it says "there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively;" when they say owns or occupies exclusively, does that mean that he must own the properly himself? and cannot live with me?

I apologise if i am confusing you and also for all of the Q's. But thank you for helping me.

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