Spouse of BC ILR Application Living in Council House

Hi,
I am asking on behalf of a friend who is British.
His wife is on FLR(M) and will be applying for ILR (5 years route).
They are renting council house which was obtained after bidding from the housing register.

Question is that whether getting council house via housing register comes under using public funds or can it affect her ILR application in anyway?

Many Thanks

Would a mod move this to the claiming benefits board please.

haqhash wrote: ↑

Thu Jan 14, 2021 1:09 am

I am asking on behalf of a friend who is British.
His wife is on FLR(M) and will be applying for ILR (5 years route).
They are renting council house which was obtained after bidding from the housing register.

Question is that whether getting council house via housing register comes under using public funds or can it affect her ILR application in anyway?

It is public funds if she has her name on the tenancy agreement of that council house.

Immigration staff guidance for how to make decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publications/public-funds

Page 14

This page tells you about local authority housing received by the settled spouse or partner of a person subject to immigration control.

A joint tenancy cannot be granted to 2 or more people if any of them is a person subject to immigration control who is ineligible for local authority housing. This applies both to local authority housing and to housing which is provided by a housing association as the result of a referral from a local authority. A sole tenancy may be granted to someone who is eligible (for example a British person or person settled in the UK) but whose spouse/partner is not eligible. The ineligible spouse or partner is not counted as accessing public funds as a result of this.

Many Thanks for your reply. She has her name on the tenancy agreement actually. Can HO use discretion in this case? Both work and household income is above 30K (required 18600) and they pay for rent and donot claim any other public funds