Claiming Housing Benefit

Hi everyone.
Scenario: Husband is on spouse visa. Couple have moved into rented property paying their own rent. Is the wife (who is British) allowed to claim housing benefit, and if so, will this affect her husbands visa extension? Has anyone experienced this situation?

Ajaib wrote: ↑

Wed Oct 11, 2017 1:35 pm

Hi everyone.
Scenario: Husband is on spouse visa. Couple have moved into rented property paying their own rent. Is the wife (who is British) allowed to claim housing benefit, and if so, will this affect her husbands visa extension? Has anyone experienced this situation?

Assuming there are no children, she can only claim as a single person although all income in the household will be used to calculate her entitlement to HB.

A british spouse is entitled to claim any benefit that they are entitled to including that come under public funds in immigration rules.

the only thing is to be truthful and have your husbands income (if he lives with you here) stated in all the applications. also check which benefits are applied singularly in your name only and which benefits need to be joint applications ie tax credit.

UKBA will only check one thing which is that in the case of the benefits which you apply for singularly ( i think housing benefit is singular but phone them and double check) you will get a certain amount; once your husband gets his ILR and then the requirements change and you have to make a joint claim in the housing benefit application, then the UKBA want to know will the amount the council pay you go up or down (after his name is added).

If it goes UP then your husbands visa will be rejected because he has had recourse to public funds in order to be able to afford to live here.

If it goes DOWN or stays the same then the visa will not be rejected nor will he be in any trouble because his wife was british who is entitled to claim anything she wants. If your husband is earning a good salary then definitely once his income is added with yours at the later date, then your housing benefit will go down.

If the UKBA ARE SATISFIED that your housing benefit will not increase or any other benefit as a result of your husband being granted ILR then the government saves money by not having to pay any more than they already are, then there will be no negative affect on the visa.

But be honest in your set M form and tick all the boxes to show which public funds you claimed. If you lie there the UKBA will think you are liars and the visa will be rejected.

Tax credits are benefits which are public funds but as long as one spouse of the couple is british then the other spouse will be treated as though he is british too. but the claim must be a joint one in the case of tax credits and you must truthfully state your husbands income.

not stating the truth means that you can be investigated for fraud but that is a different situation to your husband getting a visa. They will ask for both you and spouses national insurance number on the form. the reason for that is that they will phone the DWP and HMRC give them your national insurance numbers and check which benefits you applied for and how much income you stated to make that claim.

also life in the uk test can be taken at any time and he will not get a visa unless he passes life in the uk.

Note: The UKBA was disbanded in April 2013, due to being 'unfit for purpose' and superseded by the UKVI/Home Office. Be aware that any online links to UKBA information may no longer be valid.

Casa wrote: ↑

Wed Oct 11, 2017 5:43 pm

Ajaib wrote: ↑

Wed Oct 11, 2017 1:35 pm

Hi everyone.
Scenario: Husband is on spouse visa. Couple have moved into rented property paying their own rent. Is the wife (who is British) allowed to claim housing benefit, and if so, will this affect her husbands visa extension? Has anyone experienced this situation?

Assuming there are no children, she can only claim as a single person although all income in the household will be used to calculate her entitlement to HB.

Is this still the case if the British wife is also the sponsor of the husband? As in, is the British sponsor wife's HB claim (in her own right etc etc) won't be a problem for husband later on?

Thanks