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Benefits : affecting ILR? Read before starting new topic.

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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bonga
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Joined: Wed Dec 08, 2010 1:26 am

Re: Benefits : affecting ILR? Read before starting new topic

Post by bonga » Thu Mar 13, 2014 11:37 pm

Hi
Through previous posts it has found that as slatted person I can apply for child benefit even though spouse subject to Immregnation control. Is it ok? and is it also to apply before the son MN1 registration/B. Passport?

Shall I include CB later in the FLR(m) /SET (m) section for my spouse ----"Yes and the Amount"?

Please advise

Thanks

dan134
Newly Registered
Posts: 5
Joined: Thu Mar 13, 2014 10:52 pm

Benefits : affecting ILR? Read before starting new topic.

Post by dan134 » Thu Mar 13, 2014 11:57 pm

Hello
can anyone help me
1. I and my two kids are British passport holder and claiming child tax credit and child benefit,
My wife is on ILR dependent visa granted on April 2012 in India and expires July 2014 as per my knowledge it doesn't effect her ILR
but on child tax credit letter from HMRC appears both of us names ( on her visa says " No Recourse to public funds") does it effects her ILR
2. Do i need to show maintenance funds for last 3 months, if it is how much i have to maintain for couple & two kids
the only problem is i earn £1525 per month net ( £365 child tax credit and £134 child benefit) after paying all bills, rent, council tax and personnel expenses balance will be £300 to £400 end of the month

3. She came to UK in September 2012 ( Visa issued from 10th April 2012 to 10/07/2014), according rules 28 days before i have apply which is 10/08/2014, if i apply before 10/07/2014 by post do UKBA refused her application

Regards
Dan

amber_alvi
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Re: Benefits : affecting ILR? Read before starting new topic

Post by amber_alvi » Sun May 25, 2014 8:14 pm

Hi,

I am writing to ask for an immigration question, I myself am a British citizen, my spouse is a Pakistani citizen, now I that I have sponsored my husband, he is on spouse visa for 30 months and we would have to reapply after the first 30 months for extension completing 60 months all together. Finally after 60 months we would have to apply for my husband's indefinite for UK.

Now that I am not working due to pregnancy, I would like to get advise whether I am eligible to apply for housing benefit for myself and my child due very soon as I can no longer stay at my parent's house. Would my husband be allowed to live with me if I apply for housing benefits while he is working full time and earning more than £19000 per annum.

will this effect on his visa extension in future?

I caught the sentence below from UKBA's letter after my husband's spouse visa got accepted but I do not understand whether I am allowed to apply for housing benefits for myself and my child, my husband is willing to pay his rent:

Under the Immigration rules you are not entitled to receive public funds to help meet your living costs (or those of any dependent)‎. In addition your SPONSOR is not entitled to claim or receive public funds on your BEHALF.

Also on www.lawcentreni.org website I caught a paragraph which has confused me:

There is no objection to the UK resident sponsor claiming any benefits to which s/he is entitled, as it is additional recourse to public funds that the rules aim to avoid. Payment to the sponsor is not treated as reliance on public funds unless the level of payment ‘is (or would be) entitled to’ be increased by the arrival of the applicant.

The sponsor should be able to demonstrate on her/his own finances that the family will have means above the level at which the non-contributory, ’safety net’ benefits, Income Support and Income based Jobseeker’s Allowance would be paid. Where the sponsor is unable to maintain the family adequately from her/his own resources, S/he may be able to rely on the offer of a job for the applicant. This is often particularly relevant where a husband is being sponsored for entry and the wife has care of young children, or where the sponsor is unable to work on health grounds. All cases where maintenance is in issue require careful preparation of the evidence. This will involve calculations of the income and principal expenses of the household, and a comparison with the levels of benefit payments.

The Immigration Rules therefore require that both the sponsor and applicant for the visa will be able to demonstrate with sufficient original documentary evidence that they have enough money and adequate housing for themselves, without any additional recourse to public funds for the non-UK spouse/ civil partner/ partner. However, please note that there are certain very specific exceptions to this rule and further specialist advice should be sought.

Therefore, because the Immigration Rules only prohibit any ‘additional’ recourse to public funds for the non-settled spouse/civil partner/partner, the sponsor in the UK can still apply for benefits for themselves, if relevant.



We do not wish to make any mistakes so please could you help me answer my question as I am in desperate need of help, whether I am eligible to apply for housing benefits or not for myself and my child while my husband can pay his rent separately or am I not?



Kind Regards



Amber Alvi

Jack_Max
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:::: housing benefits and ILR ::::

Post by Jack_Max » Mon Jun 23, 2014 3:21 pm

firstly i appologize for not being able to write in a good formate like a proper article. Therefore, I beg your patience to read the followings:
this is a sunny warm afternoon in June 2014. I will apply for ILR in February 2015. please consider our conditions below.
-I am 26 years old, do work part-time and earn £656.24 gross monthly and a Bangladeshi citizen possessing UK spouce visa.
-My wife is 24 year, a british citizen, currently unemployed, and she DOES NOT get any other allowance like job seeker etc.
- we dont get any other allowance jointly as well like tax credit etc.
- we dont have kids.
-no savings

However, Local housing Association allowance in my area is: £245 per week (for couple - 1 bedroom house/flat) and £96 per week (single person - for shared accommodation rate).

I would like to add that, we live with parents currently, and we are planning to move in a 1 bedroom flat where the rent will be around £1200 per month.

In fact, if my wife applies as a single applicant she will get maximum (may be less than) £96 per week. In other case, if she applies as a couple being my wife she will get maximum (may be less than) £245 per week.

In these circumstances stated above....My question is:
If she apply housing benefit for a couple (me and her) to live in a 1 bedroom house to get LHA rate for couple (£245 per week here) - WILL IT AFFECT MY ILR APPLICATION as I am not eligible to get access to public funds?

I would be glad if you reply me as soon as possible.
Thank you ver much
Jack

Jack_Max
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Re:

Post by Jack_Max » Tue Jun 24, 2014 8:06 pm

John wrote:
I had no option but to claim benifits JSA, housing benifit and child tax credit.
I claimed these in my name only
I hope you didn't claim Tax Credits in your name only! It is a requirement, in respect of a couple living together, that any Tax Credits claim must be in joint names.

In the Immigration Rules, Rule 6 includes a definition of Public Funds. But immediately following are Rules 6A and 6B, and they are rather important to understand the benefits situation.

In respect of JSA it is even more complicated, given that there are two types of JSA ... contribution-based and income-based. Which did you claim? If it was income-based, and the following also applies to Housing Benefit and Council Tax Benefit, Rule 6A says you cannot claim more benefit because your wife is living with you, and you confirm that to be the case. If it was contribution-based JSA, then that is not within the definition of Public Funds, so absolutely no problem you claiming whatever amount, including increase for your wife.

Tax Credits! Absolutely no problem you and your wife submitting joint claims for Tax Credits, either in the past or now. The legislation .... reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by Rule 6B of the Immigration Rules .... states that where one of the couple is a person subject to immigration control (your wife) and the other of the couple is not (you) then for Tax Credits purposes only both are treated as not subject to immigration control .... and thus Tax Credits claims are totally OK, and for such a couple technically Tax Credits are not within the definition of Public Funds.

You do not mention Child Benefit. Is CB being claimed? You (and certainly not your wife) is totally OK to claim CB, and if a claim has not been submitted then it should be submitted without delay.
dear john,

you mentioned that we should do same if we apply housing benefit and income based jsa. Then you talked about Income based jsa. you did not specify about HB here.

what should i say to the council if my wife wants to apply housing benefit at a shared accom rate like a single person. They wil say you r married, so apply as a couple. if she applys as a single applicant, does it mean we do not live together? or do i hav to give my income details even though she applies HB as a single applicant to get it at a shared accom rate?

thanks
your brother
Jack

Jack_Max
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Re:

Post by Jack_Max » Tue Jun 24, 2014 8:10 pm

john your little words can remove our tenshion. waiting for reply for above posts. thanks.

shoji147
Member
Posts: 102
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Re: Benefits : affecting ILR? Read before starting new topic

Post by shoji147 » Sun Jul 20, 2014 8:25 am

I dont have a question yet but I must admit that john here in this forum is doing such a great job helping us all. The time u take to investigate matters for people is unbrlievable in this day n age mate. Honestly hats off to you john. People like u n ur team here at this website deserves all the applause they get . God bless u all....

hallamking
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Re: Benefits : affecting ILR? Read before starting new topic

Post by hallamking » Sat Aug 30, 2014 12:27 am

I'm enquiring about the naturalisation application (AN) where one of the criteria under section 3 of good character is referring to NI contribution affairs in order.

"Among the duties and obligations which you are expected to fulfil is payment of income tax and National Insurance contributions. We may ask H.M. Revenue & Customs for confirmation that your tax and National Insurance affairs are in order. When you sign the application form you will be giving your consent for us to approach them"

My question is what if someone not working in the qualifying period of 12 months will that effect his/her naturalisation application as they would not be paying any national insurance contribution.

And what if they claiming JSA (contribution based) will that have any impact on his/her naturalisation application.

In my case I've been granted ILR and made redundant and claiming JSA (contribution based), since then I'm looking to return to work or go self-employed but not sure how long it can take to find the suitable opportunity. Don't know weather it would effect my naturalisation application in anyway.

Can I just also confirm if claiming JSA (contribution Based), as I'm entitle to claim on ILR and also based on my previous employment as I've paid enough class 1 NI and been told by job center plus that I can claim JSA (contribution Based) for maximum of 6 months as when it runs out and if still unemployed during that period then I'll be entitle to Income Support.

The main thing that concerns me is during that 12 months period if you haven't had much contribution towards your NI records and claiming JSA (contribution Based), Hence getting your NI paid back to you and further claiming Income support if you still unemployed for that period will that impact my naturalisation application in anyway.

I'm also claiming child tax benefit as a single claimant & tax credits as a joint claim as my spouse has been granted ILR as well.

As I'm in receive of JSA (contribution based) and informed by job centre plus that I further qualify for housing and council tax benefit. So I've made a claim for that as well.

Can you claim Income Support if u still unemployed and claiming JSA (contribution based) 'or' when it runs out after 6 moths.

And in the form under section 3 good character requirement it's asking about you occupation, so what would be the best ans we need to put in, if still unemployed.

If someone could please revert back to me will be highly appreciated.

Thanks

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Re: Benefits : affecting ILR? Read before starting new topic

Post by John » Sat Aug 30, 2014 9:54 am

hallamking, none of that is a problem. With ILR you are entitled to claim whatever benefits your circumstances dictate you are entitled to.

As regards "if someone not working in the qualifying period of 12 months will that effect his/her naturalisation application as they would not be paying any national insurance contribution", simply, no income = income NI contributions due = no problem when applying for Naturalisation.

At the extreme, and not your circumstance, if someone comes to the UK and has been, for example, a housewife (or househusband) all the time they have been in the UK, and thus have never earned a penny in the UK, nor paid any tax or NI contributions ...... still not a problem when applying for Naturalisation.
John

hallamking
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Re: Benefits : affecting ILR? Read before starting new topic

Post by hallamking » Sat Aug 30, 2014 12:46 pm

Thanks for your reply John much appreciated, it's just going around my head and I was worrying too much but you have put my mind at ease.

Take care.

Hallamking

Tier12ILR2015
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Re: Benefits : affecting ILR? Read before starting new topic

Post by Tier12ILR2015 » Fri Oct 31, 2014 2:25 pm

Hi ,

I am on tier 1 general visa (Main applicant and will be eligible for ILR in 4 months), I have been claiming childcare vouchers for my son's private nursery place which I understand that not under public funds.

My wife (Tier 1 - Dependant) is also claiming childcare vouchers already. Her employer provides "Nursery Salary Sacrifice Scheme" in which they deduct full nursery fees from her salary before tax and they will pay childcare provider directly ,saving Tax and NI. We are not claiming child tax credit, believe child tax credit is different from salary sacrifice?

Could someone clarify following queries please?

1. Is it ok to join this scheme (opting out from vouchers) , being a Tier1 Dependant?
2. Is it against the clause "No recourse to public funds"?

Thank you very much.

asimshah
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Pakistan

Re: Benefits : affecting ILR? Read before starting new topic

Post by asimshah » Sun Dec 28, 2014 12:28 am

Hi Guys
New Member But found lot of helpful people are around on this forum
I just got ILR planning to apply for naturalization of my two daughters born in UK my son and my wife ILR is due in March
I am earning approx 700 A month after tax 560 I am director of the company
My wife is house wife she is not employed. I am not claiming any benefit.
Please guide me which benefit I can claim which will not effect my wife and my son ILR, ME( I THINK I CAN APPLY AFTER 1 YEAR OF ILR) AND MY DAUGHTERS NATURALIZATION

will highly appreciate all help very confused will highly appreciate your suggestions and guidance will wait for your reply

Thanks and best regards

asimshah
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Posts: 21
Joined: Sun Dec 28, 2014 12:15 am
Pakistan

Re: Benefits : affecting ILR? Read before starting new topic

Post by asimshah » Wed Dec 31, 2014 11:31 pm

Hi Guys please reply
New Member But found lot of helpful people are around on this forum
I just got ILR planning to apply for naturalization of my two daughters born in UK my son and my wife ILR is due in March
I am earning approx 700 A month after tax 560 I am director of the company
My wife is house wife she is not employed. I am not claiming any benefit.
Please guide me which benefit I can claim which will not effect my wife and my son ILR,
Mine( I THINK I CAN APPLY AFTER 1 YEAR OF ILR) AND MY DAUGHTERS NATURALIZATION

will highly appreciate all help very confused will highly appreciate your suggestions and guidance will wait for your reply

Thanks and best regards

hardip03
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Re: Benefits : affecting ILR? Read before starting new topic

Post by hardip03 » Mon Jan 05, 2015 1:25 pm

hello john,

in December i got ILR on the basis of long residence, and now I'm applying for child benefit but my wife she is still on PBS dependant leave to remain visa and now she is in this country for almost 6 years. I would like to know
1. will applying for child benefit effect her when she apply to extend her visa?
2. can she apply form SET(m) or SET(O), because she has been in this country from july2008, as she has been now in this country fro more than 6 years.
3. OR she have to apply for form flr(m)

Many thanks and i appreciate your time and help

aamir26
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Re: Benefits : affecting ILR? Read before starting new topic

Post by aamir26 » Tue Jan 06, 2015 5:10 pm

I am a British and my son is British. My husband is Pakistani national and he is now completing his 2nd year of discretionary leave was granted 3 years In October 2011 and he was granted another 3 years November 2014. My question is taking housing benefit or council tax reduction can this affect him to apply for his ILR. in 2017. Cause when we applied his extension last year which he got in November we already told home office we were receiving child benefit, working and child tax credit.

Thanks if someone in the same situation as us will this affect

itsahmedawan
Junior Member
Posts: 69
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Re: Benefits : affecting ILR? Read before starting new topic

Post by itsahmedawan » Sat Jan 17, 2015 4:13 pm

hello
i need some serious help pls on this forum
i am british citizen and i got merried last month with with a refugee status lady and now she wants to change her status from refugee status to my spouse visa.
my question is
before i got merried she was taking all benfitis coz she entitled to take all benifits as a single mom as well but now i have been moved with her so has stoped benifites and currently we r only taking benifites on the bases of child(child crdiet tax and half amount of housing(rent).will these benifit effect our application????
can we go for premium service for this case???
i will be very appreciate if some advice me on this topic
thnx
awan

sobia
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Re: Benefits : affecting ILR? Read before starting new topic

Post by sobia » Wed Jan 21, 2015 9:04 pm

Hello i have a confussion plz help me i im on ilr my wife is 2 year spous visa she applied her ilr after 2 year but prob is i have a disable child i recive dla/cb/ctc/hb i earn 16200 per year can u plz tell me my benifits affect her ilr or not many thanks

sobia
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Re: Benefits : affecting ILR? Read before starting new topic

Post by sobia » Wed Jan 21, 2015 9:05 pm

Hello i have a confussion plz help me i im on ilr my wife is 2 year spous visa she applied her ilr after 2 year but prob is i have a disable child i recive dla/cb/ctc/hb i earn 16200 per year can u plz tell me my benifits affect her ilr or not many thanks

asimshah
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Pakistan

Re: Benefits : affecting ILR? Read before starting new topic

Post by asimshah » Thu Feb 19, 2015 8:50 pm

Hi John
Sorry I think this question is asked so many time I tried to find the answer but was unable to find a proper answer
I got ILR couple of month ago
I am claiming child benefit
Just want to make sure I can claim child Tax credit as well because it will be on joint names and my wife is still on dependent visa
I will highly appreciate if you please reply because forms are here and I need to send them ASAP
Will highly appreciate your help and support
Regards

asimshah
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Pakistan

Re: Benefits : affecting ILR? Read before starting new topic

Post by asimshah » Fri Feb 20, 2015 9:31 pm

Hi John
Sorry I think this question is asked so many time I tried to find the answer but was unable to find a proper answer
I got ILR couple of month ago on 10 year basis
I am claiming child benefit
Just want to make sure I can claim child Tax credit as well because it will be on joint names and my wife is still on dependent visa
I will highly appreciate if you please reply because forms are here and I need to send them ASAP
Will highly appreciate your help and support
Regards

Masquerade
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Re: Benefits : affecting ILR? Read before starting new topic

Post by Masquerade » Tue Feb 24, 2015 9:54 am

Hello, hope you can help...seems to be some knowledgeable people around!

My Mexican fiancée is currently applying for a fiancée Visa. Upon the issue of that Visa she will join me to live in UK where we will get married within the 6 months allocated to do so by the Visa. I am a British citizen with no restrictions on my rights to live here.

I am currently in receipt of various benefits:
Employment & Support Allowance (including Support group component and enhanced and severe disability premiums). The award appears to be part contribution based and part income related - I seem to get full contribution based payments for basic rate and support group elements
Disability living Allowance – low rate mobility and medium rate care
Local Council Tax – I get single person discount and full council tax support (paying 8.5% of the Council tax after single person discount applied)

I live alone in a house I own outright.

My query relates to how my benefits are impacted when my fiancée comes to live with me and more importantly how we ensure her application details are accurate and stay will meet issues of being "no recourse to public funds" as will be a condition for Visa.

Would I change my claim for Employment & Support Allowance into a joint claim and insist they do not pay any additional public funds? I presume I will lose severe disability premium as no longer will be single. But will I be able to get couple rate of ESA if contribution based? Also, Enhanced Disability Premium - I cannot determine if this is a public fund or not, would I be able to claim this at couple rate?

For Council Tax I see some old entries on the board regarding an anomaly of the law which arises when single person discount is lost and thus technically greater amount of council tax support could apply. Single person discount not public fund, council tax support is - so although more council tax would be payable, public funds received would also increase slightly. I note a moderator of the board suggested this was receiving some parliamentary interest back in 2014. I am enquiring about this with my local authority but so far nothing. I am wondering if it would be advisable to try and drop my single person discount claim now.. if indeed the council would allow that given I still would be living alone.

Thanks in advance for any advice.

alam_m
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Can my daughter claim child benefit???

Post by alam_m » Wed Mar 04, 2015 5:27 pm

Hi there,
Could some one advise me if my daughter can get child benefit? the scenario is detailed below:
1. she received her ILR a few days ago on the basis of 10yr LR and is under 14.
2. Neither me or my wife has granted ILR yet ( application already made)
3. my daughter was born abroad.

please advise me.

Regards

britain420
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Can I claim benefits without effecting my spouse ILR

Post by britain420 » Sun Mar 22, 2015 4:24 pm

Hi,

Im on ILR, currently I have bangladeshi passport. Only recently I have applied for my child naturalisation using MN1 form under section 3(i). My wife is my dependent from entrepreneur visa. My questions are..

1) What benefits can I claim without effecting my naturalisation (citizenship process)
2) If I claim any benefits will it effect my spouse ILR application later on.

Regards

pnpatel3
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Re: Benefits : affecting ILR? Read before starting new topic

Post by pnpatel3 » Sun Mar 22, 2015 5:49 pm

Better not to claim any.
It should say on your VISA stamp that you are not allowed to any Benefits...

britain420
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Re: Benefits : affecting ILR? Read before starting new topic

Post by britain420 » Sun Mar 22, 2015 9:03 pm

I have checked my visa card. It says Settlement visa Indefinite Leave to remain. It does not mention anything about benefits.

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