ILR worries due to unemployment please advise me thanks

[sally12345]

So why are you not claiming Maternity Allowance?

Hi John,

I am not sure if I can claim this??? I was worried that it would effect my husbands ILR as I am already claiming CTC AND CB... so are you saying that I should be getting this money...???

I have 4 weeks left untill baby comes???

[John]

As Mochyn posted in this topic on 9th April :-

You are a British citizen and you claiming benefits will have NO effect on his claim for ILR

Not only that, your husband's visa says "No recourse to Public Funds", but do not think that every possible benefit is within the definition of Public Funds, as in para 6 of the Immigration Rules. In particular that definition includes nothing that is maternity-related.

So absolutely no problem your claiming Maternity Benefit, or indeed any other benefit you are entitled to, such as HiPG ..... Health in Pregnancy Grant.

By the way, the Tax Credits claim, please confirm that is in the joint names of you and your husband.

[sally12345]

Hi John thanks again for this infomation I will get the ball rolling as soon as I can.

Yes John the CTC is in both our names, again is this a problem?? CB is in my name and I get the money.

Thanks for your help.

P.S what I find cheeky is on the ILR aplication form it says about the Health in Pregancy grant etc so of course I would tick yes, although its not classed as Public fund... its cheeky the way they do things x

[John]

Yes John the CTC is in both our names, again is this a problem??

No problem as explained in the pinned topics in the Claiming Benefits section of this board.

Indeed it would be a problem if the Tax Credits claim was in just your name, because that might amount to benefit fraud.

P.S what I find cheeky is on the ILR aplication form it says about the Health in Pregancy grant etc so of course I would tick yes, although its not classed as Public fund... its cheeky the way they do things

You call it cheeky. I call it incompetence! Neither HiPG nor ESA are (yet) within the definition of Public Funds, as in para 6 of the Immigration Rules.

I have taken this matter up at quite a high level in UKBA and frankly I am totally amazed that they did not speedily act to correct their clear error.

[sally12345]

Thanks again John.. that has made me feel at ease.. the hard part is yet to come I guess.

I love the way you challenge them that’s good at least you stand up for what is right and you are a benefits expert so that helps as you will always have a arugment for them. well done

going back to my Orginal post lol.. when would be the best time to apply for hubby's ILR by post his visa runs out 28/02/11 he came to UK on the 7/12/08 thanks

[eager2learn]

Hi everyone,
sorry I dont want to hijack the thread, but my situation is somewhat similar. I am a tier 1 visa holder and recently lost my job, my wife is on tier 2 and expecting baby next month. She has just taken maternity leave from her job few days ago and will get statutory maternity pay in future.

Can I get any maternity related benefit, or will that affect my ILR application which is due next year?

[John]

eager2learn, your visa situation is very different, but nevertheless I can say again, there are no maternity-related benefits in the definition of Public Funds in para 6 of the Immigration Rules.

However the details of the HiPG legislation will prevent that being claimed.

SMP is no problem at all.