Spouse visa No recourse info please

[soushinnokoe]

Hi

I need some advice on what I can/cant do.

I am British, my husband has a spouse visa with limited leave, with 'no recourse to public funds'.

We are due our first child in August, obviously I will be taking maternity pay, but have been advised by local council we cannot access a council property or any benefits due to my husbands status.

As far as I was concerned, I can still claim for my own entitlements, and my child's, so long as I do not claim for my husband (anything!). Is this correct, as many people I know of and have read about online, they get child tax credit, housing benefit, and even council housing, all in their name, as spouse is not entitled.

What I've been told from local council is I cannot obtain a council house for myself and my child as my husband is foreign. But many people with a partner subject to immigration control take many benefits and indeed have council housing?

The way I took it in public funds section is..

For your partner, it's not considered recourse to public funds so no concerns on the council house issue.

As a British Citizen you are fully entitled to claim whatever benefits you are entitled to without any detrimental impacts on the immigration status of your partner.‎ Just be aware that in principle you're not allowed to claim more benefit simply because your partner is living with you and you'll have no problems at all.

The 'cornerstone' is clearly stated by UKBA in that "A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds they are entitled to"

‎The important words here are "....their partner who is receiving the funds they are entitled to."

That's pretty clear in that if you are eligible to claim benefits and you claim ONLY what you're entitled to and you make the claim SOLELY
in your name, then there is no impact on your partners immigration status. Period.

Which means I can get a council house for me and my child regardless of if my husband lives with me or not. It will not affect my husbands immigration conditions as it is me (and our daughter, come August) who is entitled.

The council advise me that me, my child and my husband have no entitlement to anything from council housing to housing benefit.

Please can anyone help with this?

Due my first child in August, and the way they have put it to me is that my maternity pay (£500odd per month) is all we can live on (rent,bills,everything) if my husband should lose his job. As we cannot get any benefits because of my husband.

[Amber]

You may claim social housing:

A British citizen or a person settled in the UK who receives housing from a local authority
can include their partner’s name on the tenancy agreement, even if their partner is subject to
immigration control.

As it is not the person subject to immigration control making the claim they must not be
considered to be claiming public funds.

Even if the applicant alone was subject to immigration control it would be ok so far as:

they apply without being referred from a local authority or housing authority

Your child will be British, how on earth dare they talk to you like that.

It sounds more like beloved to me, make a formal complaint in writing to the Managing Director explaining that you are being victimized and that they have a statutory duty for the child's welfare, never-mind your child isn't entitled to anything. An absolute disgrace, but not the first time I've come across this. What they say verbally does not matter, if they want to make such outlandish claims, you want it in writing, they'll soon change their mind.

Which Country is your husband native?

[soushinnokoe]

He is native Nigerian, been here since 2012, and been on spouse visa since Oct last year.

The council keep saying we have no entitlements whatsoever, I have provided the 'public funds' 2014 Feb document to them and still hit back with me, my child AND my husband cannot access public funds because of his visa.

So frustrating! We've done everything correct, don't claim any benefit etc, just needing a cheaper accommodation before our child is born in august so In January (while in private rent that we pay ourselves!) applied for housing register to have a cheaper rent property eg; council. And we can apply for any housing associations but council refuse to entertain us as he is 'foreign'

Any further proof to back up my entitlement that you can give me to forward? Have emailed all immigration law documents stating my entitlement and that it is of no affect to his conditions if It is ME who claims said 'public funds'.

Thanks for your reply this far x

[soushinnokoe]

Amber or John?

Any proofs I can send to council to show I'm entitled?

As public funds document has been disregarded thus far

Even said she called home office to check and they confirmed my husband his spouse or any dependants cannot access public funds, which is not in his conditions.

On his immigration document which was granted it does state 

"Under the Immigration rules you are not entitled to receive public funds to help meet your living costs (or those of any dependants)‎. In addition your SPONSER is not entitled to claim or receive public funds on your BEHALF."

Which means he cannot claim any benefits, and I cannot claim any FOR HIM. He cannot claim money for our child etc. But I can still claim what I am entitled.

This does not affect ME and my entitlements, only that I can NEVER claim on his behalf or add him to any benefit claim.

In response I got this from council woman (after refusal in march, I initially gave up, then realised I am British, I am entitled, and have been challenging their decision to not accept us on housing waiting list or to be considered at all for any housing.

This was her reply...

The information the applicant has provided from the Home Office clearly states that Mr X (including sponsor and any dependants) is not entitled to receive any public funds to meet living or accommodation costs. The list clear states that they are not entitled to benefits, housing benefit, allocation of Local Authority Housing or Local Authority Homelessness assistance which is the reason FC (Fife Council) as not been added to the application.

Mr X has been granted limited leave to remain for initially for 30 months and in order to qualify for full settlement he must t have completed at least 60 months of continuous settlement in the UK.

[soushinnokoe]

From Fife Council,

‎
‎"I have attached the letter from the Home Office to Mr X which sets out the conditions of the visa. You will see at the bottom of page 2 and top of page three under the section of public funds that Mr X any dependants and sponsor are also not entitled to have any access to public funds which included an allocation of Local Authority Housing or Local Authority Homelessness assistance.
 
I have also called the Home Office this morning to seek further advice and they have confirmed that Mr X any dependants and spouse/Partner are not entitled.
 
I would suggest at this point that the applicant seeks further advice from the Home Office themselves as the information we have and received this morning confirms there is no entitlement to FC housing at this time. "‎

I then called Home Office myself who advised me aas a british citizen I can claim what I am entitled, but not for my husband. So where does council get 2/3 times that *I* cannot claim, when a no recourse to public funds FLR(M) stands for a lot of people on these pages, and they all claim what they are entitled! (the uk born)

Please help‎, so frustrating, been back and forth all week with them reg. this.

 ‎

[Amber]

You can claim child benefit when the child is born and a joint claim for tax credits. I would get your MP involved. The only issue would be that any HB or CTR would have to include an applicable amount for a line parent or single parent rather than a couple. Other than that there should be no issue.

[soushinnokoe]

Ok thanks,

I know for CTC or WTC I can claim, I'm more looking for my right to a house as a british citizen, need references to guidelines and laws.

Have emailed my local MSP everything, and am now emailing further to local MP, but haven't heard from him yet.

I just would like clarification that I am indeed correct? Any info or references you could quote/link me that I can put in my favour, as they are reluctant at present!

[Amber]

Contact shelter (click) as the guidance in Scotland May differ regarding housing policies.

On March 2nd 2009, an amendment to the Housing (Scotland) Act 1987 came into effect, introduced by the Housing and Regeneration Act 2008 schedule 15. This only affects homeless applications where the applicant is:

eligible
not subject to immigration control (i.e. usually a UK or EEA citizen with a right to reside)
dependant on another person to be defined as in priority need or homeless, and that person would normally be regarded as ineligible.
An example would be a British woman who is married to an overseas student and lives with him and his nine-year old son (her stepson).

The Housing and Regeneration Act 2008 creates a new type of person, a 'restricted person' who is effectively neither eligible nor ineligible. This is used just to describe the ineligible family members of eligible people not subject to immigration control.

The schedule inserts this definition of a restricted person into the Housing (Scotland) Act 1987, and sets up a procedure for dealing with applications made by those people affected:

Where an eligible applicant applies as homeless but is only defined as in priority need or homeless because of the presence of a restricted person in his/her household, then s/he will be offered emergency and interim accommodation only.
His/her application for a housing allocation should not attract any reasonable preference given to homeless applicants but should attract the reasonable preference given to people for other reasons (medical or social need, overcrowded or insanitary conditions, etc) as appropriate.
The local authority should seek, so far as is practicable, to bring their duty towards such cases to an end by offering private accommodation But this is discretionary and the local authority can offer social housing if it so chooses: it can only do so in line with its published allocations policy, however.

[soushinnokoe]

Thanks for the reference to that act,

I do think it's not clear enough of my entitlement and more hints discretionary private accommodation? Where it is an entitlement of mine to gain state housing if I require it?

[Amber]

Section 19 (1) of the Housing (Scotland) Act 1987 (as amended) (click).

[soushinnokoe]

Thank you so much for your help Amber,

Will read that housing act in full for relevant legislation, although have seen one part that may be relevant so far

If you come across anything else please let me know
In the meantime, thanks again for this info!

[Suhel255]

Hi.i m british person.my wife has a spouse visa at the moment.i have 1 child of 9 months.my wife has no recourse to public funds on her visa.can i jointly claim child tax credit and working tax credit ?.can i jointly claim housing benefit and council tax reduction?.please help me.i m living in private rent house.pls help