HomeBuy Agents -Affordable Housing -Recourse to public fund

Can a person on immigration control (No Recourse to public funds) can register with HomeBuy Agents for affordable housing ?

See this link for different HomeBuy Agents.

http://www.direct.gov.uk/en/HomeAndComm ... /DG_073696

Im asking this question as if you register with HomeBuy Agents, then you can get access to affordable housing schemes managed by housing associations like shared ownership/newBuild home buy which are government funded schemes.

If I read immigration para 6 for public funding, there is nothing if this counts as public fund.

Im not sure if HomeBuy agents are same as housing associations or not?

If they are housing associations, then it is clear any assistance from housing association does not count as public fund as long as you are not nominated by housing authority.

Any help will be appreciated.

Any help ?

noor1034 wrote:Any help ?

Any one would help on it.

I went to Solicitor and he has no idea. Did not charge me though.

noor1034, there are quite a few topics on this sort of subject. The answer to your question is as before ..... this is not in the definition of Public Funds.

John wrote:noor1034, there are quite a few topics on this sort of subject. The answer to your question is as before ..... this is not in the definition of Public Funds.

Thanks John.

I have applied for a property under Rent to Buy scheme. I wanted to be sure I am not claiming public funds, so I wrote to Homes and Communities Agency. I asked if renting (under Rent to buy) or buying (under Shared Ownership / HomeBuy) will violate my visa restrictions. The agency responded saying "you would indeed be in breach of your Visa as the schemes are government funded".

When I look at the document "No Recourse to Public Funds" posted at http://www.ukba.homeoffice.gov.uk/while ... blicfunds/, on page 3 of this document, it says:

" Do any exceptions apply to housing assistance?
Two types of housing assistance count as public funds:
1. An allocation of housing, or grant of a licence or tenancy, by a local housing authority - for example, through the 'housing waiting list'.
2. Housing assistance under homelessness legislation

However, there are other types of housing assistance that do not count as public funds:
1. Housing provided directly by housing associations. These are independent organisations and are separate from local housing authorities.
2. Housing provided by Key Worker Housing schemes.
3. Housing provided by your employer – for example, if you are a nurse and you are living in housing provided by the local NHS Trust.

If you receive any of these types of support, it will not count as recourse to public funds."

I'm not sure if the response I got from Homes and Communities Agency is an informed one. I did send them the document (No Recourse to public funds.pdf) along with my questions though.

clarity99 wrote:I have applied for a property under Rent to Buy scheme. I wanted to be sure I am not claiming public funds, so I wrote to Homes and Communities Agency. I asked if renting (under Rent to buy) or buying (under Shared Ownership / HomeBuy) will violate my visa restrictions. The agency responded saying "you would indeed be in breach of your Visa as the schemes are government funded".

When I look at the document "No Recourse to Public Funds" posted at http://www.ukba.homeoffice.gov.uk/while ... blicfunds/, on page 3 of this document, it says:

" Do any exceptions apply to housing assistance?
Two types of housing assistance count as public funds:
1. An allocation of housing, or grant of a licence or tenancy, by a local housing authority - for example, through the 'housing waiting list'.
2. Housing assistance under homelessness legislation

However, there are other types of housing assistance that do not count as public funds:
1. Housing provided directly by housing associations. These are independent organisations and are separate from local housing authorities.
2. Housing provided by Key Worker Housing schemes.
3. Housing provided by your employer – for example, if you are a nurse and you are living in housing provided by the local NHS Trust.

If you receive any of these types of support, it will not count as recourse to public funds."

I'm not sure if the response I got from Homes and Communities Agency is an informed one. I did send them the document (No Recourse to public funds.pdf) along with my questions though.

I spoken with three different solicitors, all confirmed that new build home buy schemes (shared ownership) are NOT classified as 'public funds'.

I agree on part that these schemes are government funded and housing associations gets money from governement. I raised this point to solicitors but they insisted you are absolutely fine.

However, like you Im now concern as if Home and Community Agency is saying this is a breach...

Not sure how we can sort out this mystery. I wish if John is reading this post and he can advice.

UKBA responded stating refer to page 11 of Guidance – Public funds – v1.0 which is valid from March 2010.

Page 11 says: "Housing associations are different from housing authorities. They are independent, not-for-profit organisations that provide low-cost housing.

People who are subject to immigration control can apply to a housing association and enter into a contract with them.

If they apply without being referred from a local authority or housing authority you must not consider this as claiming public funds.

If a person applies to a housing association following a referral by the local authority or housing authority you must consider this as recourse to public funds.

If it is unclear whether it is a housing association or local authority providing the housing, you must contact the housing provider to establish the basis on which the applicant qualified."

I think this is pretty much the same that is indicated in the immigration rules document you mentioned earlier.

I spoke with Bedfordshire Pilgrims House Association, and they said they in relation to applications made to them, they don't even look at visas.

clarity99 wrote:UKBA responded stating refer to page 11 of Guidance – Public funds – v1.0 which is valid from March 2010.

Page 11 says: "Housing associations are different from housing authorities. They are independent, not-for-profit organisations that provide low-cost housing.

People who are subject to immigration control can apply to a housing association and enter into a contract with them.

If they apply without being referred from a local authority or housing authority you must not consider this as claiming public funds.

If a person applies to a housing association following a referral by the local authority or housing authority you must consider this as recourse to public funds.

If it is unclear whether it is a housing association or local authority providing the housing, you must contact the housing provider to establish the basis on which the applicant qualified."

I think this is pretty much the same that is indicated in the immigration rules document you mentioned earlier.

I spoke with Bedfordshire Pilgrims House Association, and they said they in relation to applications made to them, they don't even look at visas.

Good. So UKBA confirmed this is fine as long as you are NOT nominated by local council.