Spouse Visa - eligible for Lifetime ISA?

My husband and I would like to open a Lifetime ISA each so that we can start saving for a house. We have contacted three building societies who offer Cash Lifetime ISAs, and are receiving conflicting information as to whether or not I am eligible to open one. I am from Colombia, and am in the UK on a Spouse Visa with Leave to Remain (not yet Indefinite Leave to Remain). The criteria on gov.uk only states that you must be a UK Resident to open a Lifetime ISA, it does not say anything (as far as I can see) about Indefinite Leave to Remain. Newcastle Building Society say that I need ILR and therefore am not eligible. Nottingham also say that I need ILR but that I could still apply anyway (???). Skipton Building Society say that I AM eligible. So now we are totally confused, and trying to get a definitive answer from someone has been a nightmare. HMRC said I need to contact the Money Advice Service, the Money Advice Service told me I need to speak to HMRC. I told them HMRC couldn't help me so now I've been given the number for Nottingham Law Centre, but before I call them I thought I'd see if anyone here can please help or offer any advice? Are the Lifetime and Help to Buy ISAs classed as 'public funds'? If so then I could see why I may not be eligible, as my BRP states 'no public funds'.

seahorse7 wrote: ↑

Tue May 07, 2019 1:17 pm

Are the Lifetime and Help to Buy ISAs classed as 'public funds'? If so then I could see why I may not be eligible, as my BRP states 'no public funds'.

No.

I commend you for your knowledge of ISAs and your earnestness and enthusiasm in setting up roots in this country, but your question is not really an immigration question and more of a tax question, so most people on these forums may not be able to help.

The Regulations on ISAs in general defines a "qualifying individual" as one who is "resident and ordinarily resident in the United Kingdom" (presumably for tax purposes. Note that the definition of residence in the UK can vary between the HMRC, the DWP and the Home Office). The regulations introducing Lifetime ISAs amends the main ISA regulations, but does not seem to affect the definition of "qualifying individual", apart from imposing age limits.

Again, note that
a) tax laws are notoriously complex.
b) they are not the mainstay of these forums

You may be better off consulting either a tax lawyer or a tax forum.