Is it OK to claim WTC as a couple after the offer of a job in the UK office of the company my spouse was working for was included in her visa application but was later filled locally after she was asked to complete an extra 3 months notice before coming to the UK?
At first reading para 6b, I thought we would be OK, but now after reading para 6c again carefully, I am concerned that we could be regarded, depending on how they view the situation, as having recourse to public funds. She is, of course, looking for a job since arriving but in the mean time I need to be careful we don't jeopardise her residency prospects.
6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.
6C. A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P's sponsor as a result of P's presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P's presence in the United Kingdom under the regulations referred to in to paragraph 6B)".
Many thanks,
Jim