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Benefits available on Spouse / Marriage Visa vs ILR

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

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

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garyboy
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Benefits available on Spouse / Marriage Visa vs ILR

Post by garyboy » Fri Aug 12, 2011 12:40 pm

Hi

My wife is a British Citizen and we are considering applying for permanent settlement in UK via a Spouse Visa or ILR (since we have been married and living outside the UK for 4 years).

I wanted to know what benefits will I be eligible to receive (unemployment benefits etc.) if i am on a spouse visa vs. being on an ILR?

Appreciate if someone could explain benefits available under each category.

Thanks

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Casa
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Post by Casa » Fri Aug 12, 2011 1:04 pm

If you are on a spouse visa you won't be entitled to any Public Funds in your own right. I believe that contribution based Job Seekers allowance can be claimed, but you won't have built up sufficient National Insurance contributions to qualify.
Once you have ILR you are no longer under Immigration control and are entitled to claim benefits as applicable.
Bear in mind that you will have to pass the Life in the UK (KOL) test before being granted ILR.

SANGHA
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Claiming Benefit

Post by SANGHA » Tue Sep 13, 2011 12:40 pm

Hi

My sister in law received her IRL this July and she was laid off work last week, her husband is currently claiming Incapacity Benefit. Can you please advise if she is entilted to any benefits while she is looing for work???? She goes to the job centre but she has not registered as a job seeker.

I look forward to hearing from you.

Regards

Beckie

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Casa
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Post by Casa » Tue Sep 13, 2011 3:11 pm

As she has ILR and is no longer subject to immigration control I suggest she visits her local Citizen Advice centre for guidance on what her family is entitled to claim.
She should also formally register as a job seeker.

SANGHA
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Post by SANGHA » Tue Sep 13, 2011 5:47 pm

Thank you very much for your response.

My sister is currentl;y leaving with her husband and his family. As explained she is currently not working and her husband is receiving incapacity benefit. They do not have any children.

Would she be intitled to job seekers allowance once she registers?????

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Casa
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Post by Casa » Wed Sep 14, 2011 1:21 pm

That's something only the Job Centre will be able to confirm.

SANGHA
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Post by SANGHA » Wed Sep 14, 2011 2:59 pm

Thank you very much for you reply. I will get her to register as a job seeker and also to seek advice.

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