If we to receive housing benefit affect my ILR application??

Hello people

Me: 26 years, full time employed, annual income 15k, Indian citizen, been in UK 2005 - 2011(student visa) 2011 - 2013 (was back to india) February 2013 - present (living in UK with my wife)

My wife: 24 years, unemployed, British citizen by birth.

I have been granted spousal visa in December 2012 (still falling under old rules application was made in February 2012), after I have got married to my girlfriend of two years whilst in india in who I met while I was here on student visa.

Once I received visa in December 2012 for 27 mon
Months my wife travelled to India to spend time with my family and we both travelled back to UK on 4th Feb 2013. Within two week I found myself fulltime employment and my wife is unemployed looking for work. I live with my in laws in their house.

Me and my wife want to move out and rent house for us. After looking hard we found a house which rent is £620 + £100 council tax + £260 utility bills(average previous tenant cost)

Its extremely hard for me to pay that much amount of rent, I have been in contact with local council and filling up the forms and everything online with my wife being main applicant and me described as her partner on forms we can receive £97.04 per week from housing benefits, which is extremely good news and will be able to support ourselves with the help of that.

My visa runs out on 15th March 2015 and my 2 year period ends on 4th February 2015 when I will need to apply for ILR for myself, question is

Will this housing benefit be any trouble or
could it get rejected due to this?

My wife is actively looking for job hopefully she will find work soon but taking worse case scenario if she is not able to find work and we keep receiving housing benefits what is my situation to fight against it and not be a trouble in my ILR application.

If she find job say Nov-Dec 2014 and we stop applying for housing benefit will this be ok for me?

I really need your help on this I have tried giving as much detail and still if there is anything that is not clear o will be happy to answer you.

Thank you

work4betterfuture wrote:Hello people

Me: 26 years, full time employed, annual income 15k, Indian citizen, been in UK 2005 - 2011(student visa) 2011 - 2013 (was back to india) February 2013 - present (living in UK with my wife)

My wife: 24 years, unemployed, British citizen by birth.

I have been granted spousal visa in December 2012 (still falling under old rules application was made in February 2012), after I have got married to my girlfriend of two years whilst in india in who I met while I was here on student visa.

Once I received visa in December 2012 for 27 mon
Months my wife travelled to India to spend time with my family and we both travelled back to UK on 4th Feb 2013. Within two week I found myself fulltime employment and my wife is unemployed looking for work. I live with my in laws in their house.

Me and my wife want to move out and rent house for us. After looking hard we found a house which rent is £620 + £100 council tax + £260 utility bills(average previous tenant cost)

Its extremely hard for me to pay that much amount of rent, I have been in contact with local council and filling up the forms and everything online with my wife being main applicant and me described as her partner on forms we can receive £97.04 per week from housing benefits, which is extremely good news and will be able to support ourselves with the help of that.

My visa runs out on 15th March 2015 and my 2 year period ends on 4th February 2015 when I will need to apply for ILR for myself, question is

Will this housing benefit be any trouble or
could it get rejected due to this?

My wife is actively looking for job hopefully she will find work soon but taking worse case scenario if she is not able to find work and we keep receiving housing benefits what is my situation to fight against it and not be a trouble in my ILR application.

If she find job say Nov-Dec 2014 and we stop applying for housing benefit will this be ok for me?

I really need your help on this I have tried giving as much detail and still if there is anything that is not clear o will be happy to answer you.

Thank you

Are you sure the council calculated it at the correct rate and not treated you as claiming as a couple? Councils' don't understand about immigration rules. As you have no recourse to public funds, your wife can't claim extra Housing Benefit for you (the couples rate) and can only have what she is allowed to claim, which will be as a single person for Housing Benefit.

As you wife is under 35 and must be treated as a single person's claim (as she can't have extra Housing Benefit for you), she can only have the Shared Accomodation Rate. Check your maximum Shared Accommodation Rate for your area on here
http://lha-direct.voa.gov.uk/search.aspx

She will not be given that maximum shared accommodation rate, as your household income is 15K plus whatever she gets from jobseekers.

Your wife could ask the council to calculate what HB a single 24 year old with an income of 15k would get, to get a truer picture of how much Housing Benefit you should be taking, to avoid immigration problems for ILR.

Thank you for your email, I have just used the ww.direct.got.UK and filled everything that asked me, and I think they have got it calculated as a couple how do I get to get it calculated to be just her own and if she's the sole person claiming the HB and then doesn't the income if her should be 0 as she is not claiming on any other benefits what so ever.

I take it as we can't claim it as a couple can we??

Thank you for your reply**

work4betterfuture wrote: if she's the sole person claiming the HB and then doesn't the income if her should be 0 as she is not claiming on any other benefits what so ever.

Housing Benefit is an income based benefit. As you are her partner, your wage is counted when calculating her Housing Benefit claim. Her income for her Housing Benefit claim will be 15k.

work4betterfuture wrote:I take it as we can't claim it as a couple can we??

You can't claim Housing Benefit as a couple as you have no recourse to public funds and Housing Benefit is a public fund.
http://www.ukba.homeoffice.gov.uk/visas ... blicfunds/

Your wife can put in a claim for Housing Benefit as she is British, but she can't claim extra Housing Benefit for you as you are not allowed public funds. She must not take the the couple rate until you have ILR. Councils don't know about immigration rules for public funds..

Great! Your help is highly appreciated

found your conversation very usefull wanted to know howyou found out that the hb was as a couple and how you managed to get it as a single claim