Benefits : affecting ILR? Read before starting new topic.

[funkyboyuk]

hi john,
Reallly impressed with your responses n would really love some light and advice on my situation.
I came to join my wife in the UK on a spouse visa (Aug 2009).
My wife stopped working prior to the birth of our baby in Oct 09.
She started claiming (income, housing and child)benefits in Nov 09.
I got a job Nov 09 but was diagnosed with cancer in Jan 2010, thus I'm still on Statuitory sick pay but my wife is still on benefits till now.
My name has not been included in any of these benefits application
My treatment is due to end in Nov2010 and can get back to work immediately if i want to.
My questions

1. would these benefits affect my ILR application in Aug 2011 or what happens if i dont go back to work and she claims these benefits till i apply for my ILR.
2. if it doesn't, should she include my name with the housing now.
3. It is very likely the council subsidise the rent if my name is included (and i'm working), is the subsidy classified as benefits.
4.What do i tick in the ILR form as benefits she is claiming
5. do i need to explain my situation in my LR application.
6. i came into the uk in aug 09, do i put in my apllication in in aug 2011 or wait till nov 2011 when my visa expires.
Hope to hear from you soon.
Thanks

[plum2pudd]

moved to a new topic

[PinkFloyd]

Hi All,

This should be an easy one after all the scenarios John and others handled in the thread.

From the view point of ILR, is there a difference between Council Tax Benefit and Council Tax Discount?

I have rent out a place where I am getting 25% discount on council tax as single person on the property. Will this count as a public fund?

I am on tier 1 (general visa).

Am I nitpicking too much?

Cheers!

[John]

is there a difference between Council Tax Benefit and Council Tax Discount?

Yes, a very big difference.

I am getting 25% discount on council tax as single person on the property. Will this count as a public fund?

No, it is not within the definition of Public Funds as in para 6 of the Immigration Rules.

[PinkFloyd]

That was quick....


Thanks John!

[imyhaidi]

Hi John

Hi John,

Hope you are doing good.I have few questions to ask you.I am British and I got married in Aug 2008 and was working full time as my husband was working part time.I left my job in July 2009 because I was expecting and was not fit enough for work due to medical conditions.Since that time I was claming HB,CTB,MA as single person. I started claming CTC,WTC and CB when my baby was born in Dec 2009.At the moment my husband is the one who is working full time.In March 2010 my husband found out that i can not claim HB,CTB,IC so i Stopped claming CTB and HB but still claming CB,WTC,CTC.My husband's ILR is due in March 2011 I am wondering will it effect his case??
I look forward to hear from you regarding this matter.

Kind Regards

Irem

[Smieha]

Dear John,
My husband got his visa in sep 2008 but dat tym he was studyin and been out for almost 8 months. I called home office n dey adviced me to apply for an ectension rather than Indefinate leave to remain. Now I need to apply for his entension. I didnt claim any benefit before as I was in full tym teaching training course and gettin busary. but nw my circumstances has been changed. My dad asked us to leave frm his home and I had no choice so I went to council housing. Now I am claiming housing benefits. I am 1st applicant of housing benefit and hes second and paying 260£ as rent for our accomudation.. Hes also workin full tym and paying tax. Child benefit is on my name as well. I want to know is council housing gonna effect his extension or not?
Also Still he hasnt changed his address for his work and bank statements. Should I apply through my dads adress? or is it ok to apply on council temporary accommodation? or should I Go for private accommodation? Plz help me out. I'll be very thankful to you.

smieha

[onepunter]

Hi everyone,

My wife is Indian and came to the UK 2 months ago as a spouse. She was given 2 years visa with “no recourse to public fundsâ€

[sally12345]

Hi all,
As you can image this is a stressful time for my husband and I.

However, I was going through the Set M form and refer to section 7 Your home and Finances.

Ok so my question is regarding Public funds we are currently in receipt of the following:

Child Benefit that goes to me (British Spouse)
Child Tax Credit that’s claimed jointly
And working Tax Credit that’s again claimed jointly but my question is

(Working Tax Credit must be paid to my husband as I am not currently working. So does he on the form tick yes he is in receipt of this and I leave my section blank referring to this question???????

I hope that I am making sense here

[siamsteve]

Hi

I have a quick question. Has anybody recently submitted an ILR form SetM and been turned down because one of the reasons was claming child or working tax credits?

I have been recently advised to not claim due to the current economic climate as it would be so easy to fall foul of UKBA policies.

I don't need to claim but somehow i'm getting a little bit fed up with the fact that i feel im being discriminated against because i have married someone from outside of the European union I'm quite annoyed that my life is being played with just because i have found someone to be with from outside my own country

Anyway thats' my morning question and rant all the best and the best of luck to everybody that is working towards what ever goal you have

Steve

[rzsattar]

Hi All,

I have gone through the entire topic and there have been confusing replies, especially a lot of situations are discussed in this topic which also contributed to the confusion I believe.

Anyway, here is the situation my friend is going through now a days:

Friend: British by birth
Wife: Indian national
Child: born in Britain
Relationship status: Married
Wife's visa status: Spousal visa

Husband gets Child Benefit in his name and Child Tax credit in joint name.

The question is, will this have any impact on his wife's ILR application? If there will be then any remedial suggestion to make her wife ILR application a success.

Thanks

[ahyperbee]

Hi. I've read all of the responses and *still* a bit confused.

I'm American,and have a Tier-1 General UK Visa with no recourse to public funds.

I live in a flat with my boyfriend who is British. He needs to apply for housing benefit. I am not applying for benefit. However, according to the council, we are a 'couple' and he has to claim with me listed as his 'partner', and they have taken all of my financial details (down to scanning my travel receipts!) even though we are not married/in a civil partnership, and we don't share finances.

He has not filed the claim yet because he received a letter from the council that states "Your partner's visa states she has no recourse to public funds and continuing with this claim may put her in breach of the terms of her visa."

Again, I am not claiming housing benefit, but because they insist on me being classified as his 'partner', my details are associated with his claim. Now I'm worried I'll be denied any future leave to remain visa if he continues with his claim!!

The council told him that they send out that letter because they are required by law to do so, but they were unable to confirm whether my visa will actually be affected by his claim, and referred me to the Home Office. I've been in contact with the HO but still unable to get a straight answer!

My question is: Will his proceeding with his claim for housing benefit put me in breach of my visa or affect my chances for renewing my visa in the future?

Does the Home Office take the view that I am merely living with someone who is claiming benefit for himself and that only because of an administrative requirement by the council is my name associated with this claim, and will therefore have no relevance or affect any future application for my further leave to remain?

Or does the Home Office take the view that I am also his partner and by association am making a claim myself, and therefore breaching the terms of my visa?

He's got to let the council know in two weeks, so any help would be SO appreciated!!

Thanks.

[John]

ahyperbee, I read your other post first, which referred to here.

As you say you are not claiming Housing Benefit (nor Council Tax Benefit, which will be considered at the same time.) Para 6A of the Immigration Rules is in play here and as long as your partner does not get more HB and CTB because you are living there with him, there is no problem. But as your employment income is being taken into account he will actually be getting less benefit than if you were not living there, hence no problem.

Can I ask, roughly how much are you earning? I ask that because you say you have a Tier 1 visa, and it might be the case that your earnings might totally knock out the benefits that your partner hopes to get.

[ahyperbee]

Can I ask, roughly how much are you earning? I ask that because you say you have a Tier 1 visa, and it might be the case that your earnings might totally knock out the benefits that your partner hopes to get.

My earnings have changed a bit since I got my tier-1 visa last year, because right after I secured it I got made redundant!

I'm self-employed now doing freelance and for this tax year I'm estimating to earn about £17,000. I know if I tried to get a tier-1 now, there's no way I'd make the maintenance requirement. And my work is picking up so hopefully by the time it comes to renew, I will be in good shape again.

My boyfriend asked the council if my earnings would effect his benefit, and they said yes, he'll get less than if he wasn't living with me, but he was still entitled to some. It will at least help him some as he is not employed at the moment, and they've already denied him JSA because of what I earned. I will let you know what happens with the claim.

Thank you so much for the response!!

[John]

Fine, your partner should proceed with the claim, he is entitled and para 6A .... based upon what you have posted .... stops any problem with the condition on your visa.

[queenbee8687]

So to the question....

Are you or your partner receiving any
public funds?

If you are receiving
1. Child benefit
2. Housing and Council Tax Benefit
3. Child tax credits

You must tick..... no?

On the basis that these are not considered public funds in relation to the immigration rules.

Is this correct?

[2036789]

i dont know if i posted in the wrong place because i havent received no answers. i need someones advice please, i tried to claim contribution based JSA but they say i dont have enough NI contribution what now, shall i apply for income based, I am Bitish but my wife is still on settlement visa how can i apply for it without it affecting my wifes Iwhen it comes to her, ILR. can i apply for jsa income support just myself will it affecting m wifes ilr . also I have a a 3 month old baby

[siamsteve]

So i guess no one can answer my last question about anybody who has claimed CTC and then failed to get IRL for their spouse becasue the UK ECO have said this is a benefit and breaches the recourse to public funds?

I would just like to know?

[adam1978]

My question

Hi, i was born in the uk and lived here all my life, in 2005 i met a girl from pakistan whilst on vacation and we decided to get married in Pakistan in August 2008,
she came to live with me in the UK in December 2008 on a spouse settlement visa.
Life was great and we were both working until she left work in Sept 2010 and
In October 2010 i lost my job at the Airport due to recession, and had to claim job seekers allowance, housing benefit and council tax benefit but only in my name. I made it very clear that my wife has no recourse to public funds. They advised me that the law on this had been checked and explianed that even though she had no recourse to public funds i did and so was awarded these benefits on my own circumstances and as a British Citezen was entitled to claim. On the 6th December 2010 i found a new job and advised the relevant organisations so my benefits could be stopped and they advised me that because i was now on a low income of £210.82 per week, and paying rent of £450 i was still entitled to recieve some benefits and so have had my benefits recalculated and am still recieving some housing benefit, council tax benefit and have now just been awarded working tax credit as i work 30 hours a week and have low income earnings.

I have just applied for her ILR and at the time we made the claim were having my benefits recalculated and so were not in reciept of benefits but after now submitting the claim am in reciept of these benefits. The question on the form said Are you in reciepts of any benefits at the time of making this application-which was No, but also advised me to make them aware of any changes for future entitlement.

What should i do-should i inform the UK Border Force or not say anything and let them decide my case. Will the case be a refusal because i have claimed benefits in my name which would have been the case even if we were not married?.

Does No Recourse to public funds mean I cannot make a benefit claim if i am her sponsor/spouse.?

Should i return the benefits recieved?

I should also point out she is pregnant and we are having our first child in June 2011. Since i have been 16 I have worked all my life and never had to claim any benefits, or had any major debts, of any kind but the recession has really affected me.

We fulfill all the criteria in the sense our documents were very strong, we both had utility bills in our names over the period lived together and have perfect accomodation. We sent a stack of bank statements and im not worried on this side of things.

Please give me an accurate answer as im very worried and have always been honest and discosed my full situation in the first instant.

[oldtrout]

Also, based upon the pregnancy, no problem your wife having free NHS prescriptions and free NHS dentistry, during the pregnancy and for 12 months after the birth.
_________________
John

Receiving tax credits in 2010 and been awarded NHS Tax credit Exemption certificate card, If after 12 months would any free treatment be regarded as recourse to public funds and prejudice an application ILR or British Citizenship for my partner who is currently has a limited leave to remain Visa

[js399964]

I see here that in many cases so long as more benefit wasn't received because of the partner's presence then ILR should be no problem.

In my case, I'm British and I've received the full amount of housing benefit as I am only working part-time at the moment. My partner's been off work since before I put in the benefits application, and obviously I had to disclose his details on the application, though he himself didn't apply. Obviously, they've told us the amount of benefit we're going to receive - does this mean that we're receiving more because he lives with me?

[coolboyuk]

Hello guys and Gals,

I have a question which I can not find an answer, therefore sleepless nights. Hope you guys can clarify this……

I got my ILR in September 2010 and straight after I changed my wife’s visa to the marriage dependent on settled person. [She was on student dependent visa before that] . In December 2010 we had our baby daughter.

Now, as I am entitled to claim Child Benefits and Child Tax Credit, if I do so, will it affect my wife’s ILR in 2 years’ time [ which is in 2012 September] as one of the questions in SET[M] form is “ are you or your partner claiming any public funds ? And Child Benefits and Child Tax Credits are listed under this.

I would greatly appreciate any views, advice and comments on this matter.

Thanks a millions guys.]

Coolboyuk

[John]

The answer to your question is clearly answered .... in this topic.

Simply, no problem, for the technical reasons as spelt out in this topic.

[coolboyuk]

Thanks a million John, can you please direct me to the correct paragraph.. s i cant find the specific answer to my question....or am i being thick...lol

[John]

coolboyuk, go back to the start of this long topic. See my post in answer to the question asked by the member who asked the original question.