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ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 9:46 am
by Liliana5
Hello everyone
I’m due to apply for ILR Mid 2023 but despite my husband fully time job pays him nearly £20000 but we still receive a little benefit on his Universal Credit account.
He applied for UC when he lost his job during the lockdown but even when he found a new job he still received some UC much less of course but apparently he was still eligible to receive a little bit plus few pounds off the council tax bills too!
How is home office going to treat my application when they see he’s meeting the minimum salary threshold but that little benefit is still coming from UC and the council Tax reduction?
Thanks to anyone who’s taking the time to reply.
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 10:39 am
by zimba
I guess he is NOT subject to any visa restrictions like no access to public funds, so why should this affect you ??
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 10:57 am
by Liliana5
No my husband and our children are British and it’s only me who’s restricted to public funds which I’ve never received any benefit even when he lost his job during the pandemic and applied for UC. That was only paid to him and mentioned on his monthly report that I’m receiving £0 in benefit.
But I just want to know if our 5 years route application will be compromised by HO seeing he’s still receiving some benefit while he’s also getting paid £20000 a year in salary?
You know how cruel the HO is and I don’t want to lose my ILR under the 5 year route because of this so really looking for information to show we are still legally eligible for the 5 years route ILR and this won’t cause any issues.
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 11:24 am
by zimba
This has no relevance to your application
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 12:11 pm
by Liliana5
Thanks for your reply and sorry for too many questions, I’ve read the appendix over and over and still find it very unclear, so just to clarify it for myself I have two questions;
- as long as we earn the minimum £18600 in employed salary we are still eligible to apply for ILR under the same 5 years route regardless of whether he gets further benefits or not?
- Would this still be possible if he was on part time job and only earned £10000 but adding his benefit would total over £18600 a year? Are people still eligible to apply for ILR at the end of their 5 years in such circumstances? this happened last year and put us under huge stress thinking we won’t be able to apply under the 5 years route anymore and he pushed himself hard to find another full time job which to be honest is not at all suitable and convenient for him but he had to take it to earn over £18600!
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 12:15 pm
by CR001
- as long as we earn the minimum £18600 in employed salary we are still eligible to apply for ILR under the same 5 years route regardless of whether he gets further benefits or not?
Yes, there is no issue here provided he earns the minimum income amount for a minimum of 6 months.
- Would this still be possible if he was on part time job and only earned £10000 but adding his benefit would total over £18600 a year?
You cannot use benefits towards meeting the income requirement. It can only be either of your salaries and must be for a minimum of 6 months. Benefits money is not his money, it is the taxpayers/governments money.
Are people still eligible to apply for ILR at the end of their 5 years in such circumstances?
See above.
this happened last year and put us under huge stress thinking we won’t be able to apply under the 5 years route anymore and he pushed himself hard to find another full time job which to be honest is not at all suitable and convenient for him but he had to take it to earn over £18600!
He needs to have a minimum of 6 months earning at the required level. You cannot use benefits to top up the financial requirement to meet it.
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 12:21 pm
by JB007
Zimba wrote: ↑Thu Sep 08, 2022 10:39 am
I guess he is NOT subject to any visa restrictions like no access to public funds, so why should this affect you ??
Because of taking CouncilTax Reduction( which is a Public Fund) with a NRPF partnert? That warning was put on this sticky. Renting in joing names with a NRPF partner and claiming Universal Credit, is also in that sticky.
claiming-benefits/universal-credit-clai ... l#p2049469
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 12:26 pm
by Liliana5
CR001 wrote: ↑Thu Sep 08, 2022 12:15 pm
- as long as we earn the minimum £18600 in employed salary we are still eligible to apply for ILR under the same 5 years route regardless of whether he gets further benefits or not?
Yes, there is no issue here provided he earns the minimum income amount for a minimum of 6 months.
- Would this still be possible if he was on part time job and only earned £10000 but adding his benefit would total over £18600 a year?
You cannot use benefits towards meeting the income requirement. It can only be either of your salaries and must be for a minimum of 6 months. Benefits money is not his money, it is the taxpayers/governments money.
Are people still eligible to apply for ILR at the end of their 5 years in such circumstances?
See above.
this happened last year and put us under huge stress thinking we won’t be able to apply under the 5 years route anymore and he pushed himself hard to find another full time job which to be honest is not at all suitable and convenient for him but he had to take it to earn over £18600!
He needs to have a minimum of 6 months earning at the required level. You cannot use benefits to top up the financial requirement to meet it.
Thanks for an informative reply
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 12:29 pm
by Liliana5
JB007 wrote: ↑Thu Sep 08, 2022 12:21 pm
Zimba wrote: ↑Thu Sep 08, 2022 10:39 am
I guess he is NOT subject to any visa restrictions like no access to public funds, so why should this affect you ??
Because of taking CouncilTax Reduction( which is a Public Fund) with a NRPF partnert? That warning was put on this sticky. Renting in joing names with a NRPF partner and claiming Universal Credit, is also in that sticky.
claiming-benefits/universal-credit-clai ... l#p2049469
Thanks for pointing this out. We live in a privately rented house and tenancy agreement is in my husband’s name only.
Would we be ok with the above ( our current financial condition) ?
Re: ILR 5 years route benefit issues!
Posted: Thu Sep 08, 2022 12:30 pm
by zimba
JB007 wrote: ↑Thu Sep 08, 2022 12:21 pm
Zimba wrote: ↑Thu Sep 08, 2022 10:39 am
I guess he is NOT subject to any visa restrictions like no access to public funds, so why should this affect you ??
Because of taking CouncilTax Reduction( which is a Public Fund) with a NRPF partnert? That warning was put on this sticky. Renting in joing names with a NRPF partner and claiming Universal Credit, is also in that sticky.
claiming-benefits/universal-credit-clai ... l#p2049469
Many in such positions have gotten ILR without issues, so all the evidence shows that such fine details and definitions are not being taken into account by the UKVI. I would only worry about this if turns out to be an issue with UKVI. The OP has no choice but to press on with their ILR application regardless of these details
Re: ILR 5 years route benefit issues!
Posted: Sun Sep 18, 2022 2:46 am
by arshah
Liliana5 wrote: ↑Thu Sep 08, 2022 12:29 pm
JB007 wrote: ↑Thu Sep 08, 2022 12:21 pm
Zimba wrote: ↑Thu Sep 08, 2022 10:39 am
I guess he is NOT subject to any visa restrictions like no access to public funds, so why should this affect you ??
Because of taking CouncilTax Reduction( which is a Public Fund) with a NRPF partnert? That warning was put on this sticky. Renting in joing names with a NRPF partner and claiming Universal Credit, is also in that sticky.
claiming-benefits/universal-credit-clai ... l#p2049469
Thanks for pointing this out. We live in a privately rented house and tenancy agreement is in my husband’s name only.
Would we be ok with the above ( our current financial condition) ?
I am in the same situation , i still dint understand , we are renting and tenancy agreement is under my partners name but he receives council tax deductions and both our names appear on council tax statements , my partner explain it to council and they said they cant remove my name as they put every ones name who resided in the property.
ILR Set M 5 Years Route UC Benefit
Posted: Mon May 15, 2023 10:28 pm
by Liliana5
Hello everyone
I’ve started up a thread months ago about this subject and was kindly informed by members of the forum that it’s ok for my husband to receive UC and council tax reduction only on his name and our children (All British) and that UC statement also mentions that though we are in couple but I’m receiving £0.00 .
However, as I’m about to apply soon, do I also need to print out the last 6 months UC payment statements and upload with my application? Or only hubby’s bank statements and payslips is enough, though bank statements showing UC, Child benefit etc in it too?
Thank you and best regards
Re: ILR Set M 5 Years Route UC Benefit
Posted: Mon May 15, 2023 10:43 pm
by JB007
Liliana5 wrote: ↑Mon May 15, 2023 10:28 pm
I’ve started up a thread months ago about this subject and was kindly informed by members of the forum that it’s ok for my husband to receive UC and council tax reduction only on his name ...
You were not told it was ok to receive Council Tax Reduction. You were given a link to this, which advised to take specialiast immigration advice.
Finally, council tax reduction (CTR) can be claimed with UC, but the rules are different. CTR is also a public fund; however unlike UC the Local Authority cannot separate the partner with NRPF from the award, and CTR is a single claim with a partner included. This may result in additional public funds being paid to the partner with recourse, which could then breach the NRPF condition. An exception could be if the amount of CTR is the same for the claimant even if the partner is included, for example if the claimant would still be passported to full CTR.
Also there is an additional problem if the person with recourse were entitled to a single person discount in their council tax, in which case CTR is calculated on 75% of liability. If the presence of the partner with NRPF results in the loss of the single person discount, CTR is then calculated on 100% of liability, which could result in additional public funds being paid to the claimant.
Again, specialist immigration advice should be sought before advising a claim for CTR,or indeed in any circumstances where there may be a concern about breaching the NRPF conditions attached to a partner’s leave.
Re: ILR Set M 5 Years Route UC Benefit
Posted: Mon May 15, 2023 11:28 pm
by Liliana5
Hi
My understanding was that if the tenancy agreement and council tax bill is in my husband’s name only, which in our case is, then I should be fine!
Re: ILR 5 years route benefit issues!
Posted: Tue May 16, 2023 6:51 am
by Liliana5
arshah wrote: ↑Sun Sep 18, 2022 2:46 am
I am in the same situation , i still dint understand , we are renting and tenancy agreement is under my partners name but he receives council tax deductions and both our names appear on council tax statements , my partner explain it to council and they said they cant remove my name as they put every ones name who resided in the property.
How did you get on with your application? I’d be interested to know.
Re: ILR Set M 5 Years Route UC Benefit
Posted: Tue May 16, 2023 10:59 am
by Liliana5
Sorry still not sure if I also need to print out the last 6 months UC payment statements and upload with my application? Or only hubby’s bank statements and payslips is enough, though bank statements showing UC, Child benefit etc in it too?
Re: ILR Set M 5 Years Route UC Benefit
Posted: Tue May 16, 2023 3:35 pm
by JB007
Liliana5 wrote: ↑Mon May 15, 2023 11:28 pm
Hi
My understanding was that if the tenancy agreement and council tax bill is in my husband’s name only, which in our case is, then I should be fine!
Where in the article did it say that for Council Tax Reduction? From the link given-
Finally, council tax reduction (CTR) can be claimed with UC, but the rules are different. CTR is also a public fund; however unlike UC the Local Authority cannot separate the partner with NRPF from the award, and CTR is a single claim with a partner included. This may result in additional public funds being paid to the partner with recourse, which could then breach the NRPF condition. An exception could be if the amount of CTR is the same for the claimant even if the partner is included, for example if the claimant would still be passported to full CTR.
Also there is an additional problem if the person with recourse were entitled to a single person discount in their council tax, in which case CTR is calculated on 75% of liability. If the presence of the partner with NRPF results in the loss of the single person discount, CTR is then calculated on 100% of liability, which could result in additional public funds being paid to the claimant.
Again, specialist immigration advice should be sought before advising a claim for CTR,or indeed in any circumstances where there may be a concern about breaching the NRPF conditions attached to a partner’s leave.
On a salary of 20k he won't get full CTR.
Nor will he get the 25% single person discount as you live in the property too and you are also liable to pay Council Tax: unless there is an exemption e.g. you being a full time student
Re: ILR Set M 5 Years Route UC Benefit
Posted: Tue May 16, 2023 4:04 pm
by Liliana5
From what I see we received about 10% in CTR. Our yearly Bill is over £2.5k and we have around £240ish in reduction.
Are we going to be fine?
We have applied today so really hope we don’t run into problems as I know how cruel HO can be.
Re: ILR Set M 5 Years Route UC Benefit
Posted: Tue May 16, 2023 4:07 pm
by zimba
Liliana5 wrote: ↑Tue May 16, 2023 4:04 pm
From what I see we received about 10% in CTR. Our yearly Bill is over £2.5k and we have around £240ish in reduction.
Are we going to be fine?
You have been advised before that this is extremely unlikely to have any effect on your application. You do NOT need to go back and forth for these minor details. UKVI will question this if it is really an issue for them. I suggest not wasting any time on this as advised before. UKVI very rarely checks with DWP or local departments on these issues and only if there is intelligence that there has been evidence of abuse or they are suspecting it. I do not see any issues in your case or wrongdoing so I suggest you move on with your application rather than wasting time on this.
Read the guide on this and you can see when such requests are made:
https://assets.publishing.service.gov.u ... ds-v18.pdf
Re: ILR Set M 5 Years Route UC Benefit
Posted: Tue May 16, 2023 4:21 pm
by Liliana5
Thanks, uploading documents right now.