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Marriage Allowance & Public Fund!

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

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

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Dali83
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Marriage Allowance & Public Fund!

Post by Dali83 » Wed Oct 07, 2015 5:03 pm

Hi,

I am currently working and would like to apply for the marriage allowance while my wife is on limited leave to remain with No Recourse to Public Fund and currently not working.

1- If I apply will this have an effect when she applies to renew her visa.

2- And is this considered to be public fund?

Thank you.

Dali

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CR001
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Re: Marriage Allowance & Public Fund!

Post by CR001 » Wed Oct 07, 2015 6:34 pm

Does your wife work?
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Casa
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Re: Marriage Allowance & Public Fund!

Post by Casa » Wed Oct 07, 2015 7:02 pm

CR001 wrote:Does your wife work?
"and currently not working." It doesn't appear so CR001 and my understanding that the married tax allowance can't be transferred from a spouse who isn't employed.
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Wanderer
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Re: Marriage Allowance & Public Fund!

Post by Wanderer » Wed Oct 07, 2015 7:31 pm

Casa wrote:
CR001 wrote:Does your wife work?
"and currently not working." It doesn't appear so CR001 and my understanding that the married tax allowance can't be transferred from a spouse who isn't employed.
That's correct!
An chéad stad eile Stáisiún Uí Chonghaile....

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CR001
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Re: Marriage Allowance & Public Fund!

Post by CR001 » Wed Oct 07, 2015 7:51 pm

Thanks Casa, I missed that :oops:

So my answer then would be the same as yours.
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Dali83
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Re: Marriage Allowance & Public Fund!

Post by Dali83 » Thu Oct 08, 2015 4:47 pm

Thank you all for your reply.

Yes as in my email my currently is not working. Does this mean that when she starts work, I can apply for the allowance and that this will not affect her visa in the future.

Thanks a lot.

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Casa
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Re: Marriage Allowance & Public Fund!

Post by Casa » Thu Oct 08, 2015 5:16 pm

Correct
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jibri
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Re: Marriage Allowance & Public Fund!

Post by jibri » Fri Oct 09, 2015 2:49 pm

To transfer marriage allowance from your wife to yourself she doesn't have to be employed but your income should be no more then £42,385. so if she is not working but have right to work in UK you can transfer the allowance

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Casa
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Re: Marriage Allowance & Public Fund!

Post by Casa » Fri Oct 09, 2015 3:26 pm

jibri wrote:To transfer marriage allowance from your wife to yourself she doesn't have to be employed but your income should be no more then £42,385. so if she is not working but have right to work in UK you can transfer the allowance
Government guidelines are unclear (as usual), but according to information on a 'money advice website' I have to concede and agree that jibri is correct.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Dali83
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Re: Marriage Allowance & Public Fund!

Post by Dali83 » Wed Oct 14, 2015 2:36 pm

Thank you Jibri for the clarification.

I thought the same that we qualify until I posted this topic here. (currently she is not working as she is looking after a small baby and i am making far less the 42,000).

Now the question is:

Will this be considered as public fund and will it affect her future visa?

Regards

Dali

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Casa
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Re: Marriage Allowance & Public Fund!

Post by Casa » Wed Oct 14, 2015 2:41 pm

It's not a Public Fund.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Dali83
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Re: Marriage Allowance & Public Fund!

Post by Dali83 » Wed Oct 14, 2015 4:31 pm

Thank you Casa.

by looking at the application, it clear that my wife (who is under immigration control) will be transferring the allowance to me who is making between £10,601 and £42,385 and her not working.

So is this not classed as: she is the one who is claiming and by doing so she is breaching the visa condition?

I am worried that this will affect her visa in the future.

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Casa
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Re: Marriage Allowance & Public Fund!

Post by Casa » Wed Oct 14, 2015 4:35 pm

The marriage tax allowance isn't a Public Fund. For official clarification:

Public funds include a range of benefits that are given to people on a low income, as well as housing support. These are:
income-based jobseeker’s allowance
income support
child tax credit
universal credit
working tax credit
a social fund payment
child benefit
housing benefit
council tax benefit
council tax reduction
domestic rate relief (Northern Ireland)
state pension credit
attendance allowance
severe disablement allowance
personal independence payment
carer’s allowance
disability living allowance
an allocation of local authority housing
local authority homelessness assistance
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Jon.Mason
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Re: Marriage Allowance & Public Fund!

Post by Jon.Mason » Wed Mar 23, 2016 9:20 am

I have the same question and so wondered if the OP found any problems applying for this or subsequent visa applications?

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CR001
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Re: Marriage Allowance & Public Fund!

Post by CR001 » Wed Mar 23, 2016 9:43 am

Jon.Mason wrote:I have the same question and so wondered if the OP found any problems applying for this or subsequent visa applications?
Marriage allowance is NOT public fund and is allowed. Suggest you concentrate on getting your spouse's visitor visa (still unlikely) or spouse settlement visa first before worrying about marriage tax allowance. Your spouse will have to work in the UK for this allowance to be used.
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Jon.Mason
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Re: Marriage Allowance & Public Fund!

Post by Jon.Mason » Thu Mar 24, 2016 10:24 am

Well it is still good to think ahead. I am proceeding with my visa applications as planned.

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