Claiming council tax benefit on wife name. Wil it affect ILR

Hi there,

I would be greatful if someone could advise me on my situation. I am on Tier 1 visa. Recently got extenstion under Tier 1 General from HSMP. As per present rules, my ILR is due in 03/12.

My question is, my wife is on dependent visa (Tier 1 dependent). Presently she is doing fulltime course. So I am claiming council tax benefit (on student basis) on her name. Will it affect my ILR. The thing is, she still had her maiden name. Her surname is not changed after the marriage.

Another question, I have been unemployed for last 9 months. I was made rdundant in Nov 2008. Till then I dont have employment. Will it affect my ILR. Could someone please advise me on my situation. Though it is a long time to think of ILR, it is better to take some precautionary measures.

Thank you all.
Bunti

This depends on what benefit you are claiming. My understanding says that students are not entitled to pay council tax and this is not a benefit but if a student is staiyng with the partner who is employed full time you have to pay full council tax.

So if you council bill is only in your wife's name (student) and you are living in the house, you are commiting a potential fraud.... I am not sure how this will impact your ILR.... would wait for experts to reply...

bunti716 wrote:Hi there,

My question is, my wife is on dependent visa (Tier 1 dependent). Presently she is doing fulltime course. So I am claiming council tax benefit (on student basis) on her name. Will it affect my ILR. The thing is, she still had her maiden name. Her surname is not changed after the marriage.

Bunti

Council tax discount for full time students in my view is not under public funds. Since your wife is your dependent and does not have any condition assoicated with her leave which is restricting her not to study.

Even international students studying in the U.K can ask for council tax discount. The council never asks that you should have ILR in your passport. But if if you claim other benefits, you are usually asked to sedn the copy of your ILR visa to show you have resource to public funds.

I am very sure you should be alright with this.

Its an exemption than a benefit. Council Tax Exemption. But becuase you are still living in property you should pay 75% of it being an adult. What this actually means is that you get 25% discount if a student lives with you. effectively, going according to law, you can infrom the tax dept about the mistake and pay the arrears. Otheriwise nothing would happen until they catch and grill you for fraud.