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He needs Indefinite Leave to Remain BEFORE he can apply for citizenship.I'm wondering if this situation will affect my husband's citizenship application in 5 years' time
John, could you please confirm if this is still the case? my husband and i are just about to ask for remain to stay in uk for him. i am british, he isnt but i have received child tax credits and working tax credits. does he say YES to access to public funds in the form ? or NO as i applied for them? regards!John wrote: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.I had no option but to claim benifits JSA, housing benifit and child tax credit.
I claimed these in my name only
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.
Your husband can claim child benefit for the new baby and for your daughter without any effect on your visa and future ILR.Splitmoon wrote:Hello dear nembers! Will appreciate some clarification regarding tge following. Im currently on 30 month spouse visa applied after new rules. My spouse is british citizen. I also have a daughter from previous marriage who has same 30 month visa as me both of visas say no recourse to public funds. My husband submitted an application for counsil house couple of month ago and put me down as his partner put my national insurance number and submitted copy of my passport and brp and listed that me and my daughter will be moving to a house together with him if we ever get a counsil house. We also mentioned that am currently pregnant and expecting a child. My question is will this applicationfor counsil house in any way affect mine and my daughters future ILR application? Should we withdraw tge counsil house application asap as we still havnt geard anything back the counsil. Also, once our baby is born he/she will be britush citizen should my british husband apply for child benefit for british baby? Should he state intge CB applicationform that he has a spouse or there should be no mention of me and my national insurance number at all on tge application form to avoid troubles with ILR application in tge future?