Benefits : affecting ILR? Read before starting new topic.

John I am happy for you to write to the Liverpool PEO and I will be doing it myself once this problem has sorted itself out properly.
I take it from your comments that there should really be no problem with the child benefit and child tax section of the ILR application. I am pretty confident that I can claim child tax credit and over the course of the last 2 years I have checked regards child benefit and always understood it that I was able to claim, however trying last night to back that up on the net was nigh on impossible.

cheers

umchugga, given you are British, in accordance with para 6B of the Immigration Rules, there is no problem the Child Benefit being claimed, and you and your spouse jointly claiming Tax Credits. As para 6B says :-

a person (P) shall not be regarded as having recourse to public funds if ...... "

-: and it going on to specify the legislation, relevant in your circumstances.

umchugga, having been unable to find an email address of the Liverpool PEO, or of the Manager there, I have instead, I think, gone one better.

That is, I have emailed my contact at the UKBA head office and drawn the matter to their attention, and asked "Can I ask you to contact the Liverpool PEO and ensure that all staff are fully trained to deal with applications that are presented."

As and when there are any developments I shall post again.

ive read all posts and still a little confused and unsure please can some one give me honest and accurate answers to my q's thankyou...

i am a british citizen and recently married my husband wich is a nigerian we have 2 children together and he has been living in uk for 7 years was previously married but it broke down and he was uable to apply for ILR but is doing so now and still waiting for any news or updates on his claim (temporary leave to remain) i wanted to know what benefits can i apply for as neither of us work and i had a baby 2 weeks ago and dont qualify for maternity allowance and i stopped tax credits after we got married incase it affected this claim and i also get £20 weekly for eldest child and will also recieve soon for the newborn....please tell me what i can apply for as we dont have enough income coming in and cant afford childcare costs to go and work...also can someone tell me what effect did me claiming tax credit before to this ILR claim thankyou pleasee get back to me asap xx oh and also if anyone has any clue on how many weeks roughly it takes for a final descision on temporary leave to remain under my sort of circumstances please let me know thanx

For the reasons set out in this topic, there was no reason why you needed to stop the Tax Credits claim, Reinstate that as soon as possible, noting that it must be in the joint names of your and your husband.

The Child Benefit claim is also not a problem.

You mention "temporary leave". What exactly has been applied for? A spouse visa? What is your husband's current UK immigration status?

someone said he had to apply for temporary leave to remain wich lasts for 2 years before applying for permanant leave to remain...his imigration status is fine because hes been here for 7 years first five which he was married to his first wife then we got married this may after his divorce...thanks for the tax credit advice ill reapply straight away... his visa has ran out ages ago not sure when... he had a study visa or a working visa i think to come into this counrty but he got married so wouldnt that mean that the visa wouldnt matter??? i have no idea about all this immigration stuff gives me a headache lol i just want to know what i need to know and leave the rest that dont matter to me...i have been searching for answers for weeks and not found anything until this forum so thanks alot for your help appreciate it ... any idea on how long it takes for reply for his temporary leave to remain application?

...... but he got married so wouldnt that mean that the visa wouldnt matter???

Well no, it just meant he had a 2-year spouse visa ... with an expiry date! Did he apply for another visa before the expiry date of that 2-year spouse visa? If not, it is not correct to say "his immigration status is fine".

Again, has he now applied for a 2-year spouse visa? And when he applied for that, did he have a valid visa, or had his visa expired?

Until you give this information it is impossible for anyone to answer "any idea on how long it takes for reply for his temporary leave to remain application?"

his visa has expired he doesnt have any visa at the mo he hasnt reapplied

So he is an overstayer! Not good news! But that doesn't alter the benefits situation. The Tax Credits claim still needs to be in joint names.

does the fact that he was married for 5 years not matter??? when you say that the benefit should be in both names does that mean i should or shouldnt apply???

Married for 5 years? Well what sort of visa, exactly, does he have? ILR ... indefinite leave to remain?

The Tax Credits claim needs to be in joint names, both you and him.

i dont know what sort of visa he has he was married for 5 years then divorced around christmas 08 and then we got married may 09, i know he doesnt have a valid visa now i think he entered uk with a work or study visa probably study visa thats all i know hes applying for ILR now the temporary version that lasts 2 years and when that ends he can go and apply for a permenant one

Might it be a good idea to grab his passport, and then actually post about his UK immigration history?

That is, tell us what UK visas he has actually had issued to him.

im in wales at the mo hes at home in kent :/

MRSMBASO wrote:im in wales at the mo hes at home in kent :/

Maybe you could give him a call?
As John says, if you don't even know what sort of visa he has/had, it's impossible for anyone to advise you accordingly.

ok...update ....he came on a visiting visa got married didnt renew his visa when it ran out

Hi just a quick update on my wifes ILR ( see original question page 2)
We posted off the application and after 11 weeks we recieved her ILR.

Quick recap I am a British citizen, My wife and her son are Russian I claimed child benefit for her son in my name only and child tax credit again in my name only but had to include my wifes details as her part time work income was required as well.
Also during the first 2 years my wife and step son had to return to Russia for 6 months as her father was ill. This meant that she and her son were only in the country for 18 months of the 2 year spouse visa requirements.

However we still got their ILR.

Thanks for the cool head and good advice on this web site, I hope others in similar circumstances may take comfort from this post.

Good luck and thanks again

umchugga, great news, but then I have to say, why not!

And by the way, I never did get a reply from UKBA to the email I sent. (Also on page 2 of this topic).

Hey can someone plz help, im a British citizen got married 2 years back and currently my hubby is residing in UK on spouse visa.. we will be applying for ILR next year

Just wanted to ask if
> I claim for housing benefits in MY name will it affect his ILR?
iv declared im married but the claim will just be in my name, and the council asked for his NI and passport which was given and i am illegible for HB

> i claimed for child tax credit and we automatically have received NHS tax credit exemption, is he entitled to this because he is not illegible to public funds and will this affect his ILR?

> i am also receiving income based JSA will this affect his ILR?

Please can anybody help. I am British and my wife is Serbian. I was on the long term Incapacity Benefit(IB), Housing Benefit and Council Tax Benefit. I got better at some point, found job and because of that my wife was granted Entry Clearance Visa. However, I am unwell again and I am in the process of getting back my Incapacity Benefit (there are linking rules to this, and I am going to claim both IB and Housing Benefit (and Council Tax benefit) again.
My question is: do I have to mention to Housing Benefit people that my wife lives with me? I guess answer is yes. And when she starts (it is very likely) a part time job, we certainly have to report that.
We are planing to have a kid as well at some point within two years of her stay here.
My question is- at the end of her 2 years period in the UK, when we apply for her ILR, is it going to be successful? I think that I am allowed to get my IB, it is not regarded as public funds. But what about Housing and Council Tax benefit? It looks complicated. And I would do whatever I can so that we get her ILR in the end. Please could you advise me on this.

So I am expecting that our situation before applying for ILR may easily be like this:
- I am claiming Housing Benefit, Council Tax Benefit and Incapacity Benefit. My wife is working part time. We have a child.
Do we stand any chance with the situation like this and is it realistic to expect that she is granted ILR in the end? Or will they plainly refuse it and deport my wife?
Thank you so much for your answer.

You have no problems
You have supported your family while your wife was on Spousal Visa and the fact that your relationship is still continuing is far more important than finances

To the answer you have already received, I ask, when your wife starts work, how many hours per week will she work? At least 16? If so the two of you should jointly claim Working Tax Credit.

Hi

Im in the position where I will be applying for ILR at the start of the New Year.

I have found the information within this post v helpful. Thank you! However, I need some help..

Some background, I am the applicant and my wife is a British Citizen.

In the past, my wife received WTC, we do not receive this anymore.

However, we still receive CB and CTC.

From reading the post, I understand, I should not tick either columns in Section 7.6 "Your Home and Finances" for Public Funds as under the Immigration Rules (stated above) we are except.

My question, my wife will be submitting her bank statements which show that she has been in receipt of WTC, CB an CTC.

What do we do? Submit these statements along with an explanation? HELP please!

Regards

Mr H

I must say that I find John very helpful indeed. John helped me with the same kind of query but now that i've read this i will print a new application form and not tick working tax credit or child tax credits as well as child benefits.

Thanks for all your help John

This is where i get confused and end up repating myself. John told me that in the WTC forum to tick the box as i'm in receipt of working tax credits and to leave the box blank where it says whether the applicant is in receipt of public fund.

Don't you people understand if you dont tick yes/no to the public fund question then your application can be considered as incomplete as you either have to answer at least Yes/No to a question.