Living in Council Property

mtahiriqbal13 · Post by **mtahiriqbal13** » Sun Jul 20, 2014 2:17 pm

Dear All,
I am sharing a flat with my cousin temporarily, he got flat through DSS from council. I am using his address on all of my documents and I am going to apply for indefinite visa under 10 years rule, will this effect my application if home office know that I am living in council flat? Although I am not claiming any benefit.
Thank you

mtahiriqbal13 · Post by **mtahiriqbal13** » Mon Jul 21, 2014 8:01 am

Can any one please help me with this question?

Post by **Amber** » Mon Jul 21, 2014 8:37 am

I assume you're a non-dep deduction?

mtahiriqbal13 · Post by **mtahiriqbal13** » Mon Jul 21, 2014 11:03 am

Hi Amber,
Thank you so much for your reply. I am not non - dep deduction. My cousin didn't show my name while getting benefit. So I am living there temperately. I know it will be problem for my cousin if council finds out but i am not paying any rent to him, for some reasons i have to move to his flat urgently. As i am living in housing benefit property, will it effect my visa application even if I am not claiming any hosing benefits or non - dep deduction?

Thank you

Post by **Amber** » Mon Jul 21, 2014 3:55 pm

So you're complicit in benefit fraud?

mtahiriqbal13 · Post by **mtahiriqbal13** » Mon Jul 21, 2014 5:27 pm

How come it is a benefit fraud? I don't even claim a benefit.
I moved to my cousin's flat for time being in emergency for some reasons, I am not paying any rent or money to him so he is not earning anything from the property.
I will move my house soon but I have to apply visa in next couple of days, so it will be very hard to move and change address on my documents in couple of days but if home office will take this as fraud then i have no choice to move and change my address before I apply?

Post by **Amber** » Mon Jul 21, 2014 8:55 pm

You're a non-dep for which a deduction from HB/CTB should be made. If you're from India or Pakistan you have a legal responsibility to be placed on the electoral register.

mtahiriqbal13 · Post by **mtahiriqbal13** » Tue Jul 22, 2014 3:57 am

Ok I see, I will tell my cousin to inform council. Ok if I become non - dep is it effect my visa application? Does it come in housing benefits?

Post by **Amber** » Tue Jul 22, 2014 7:28 am

mtahiriqbal13 · Post by **mtahiriqbal13** » Tue Jul 22, 2014 8:17 am

Ok thanks.
But just to clarify, if he don't show me non -dep then this will effect my visa application and home office may refuse it?

physicskate · Post by **physicskate** » Tue Jul 22, 2014 10:12 am

mtahiriqbal13 wrote:Ok thanks.
But just to clarify, if he don't show me non -dep then this will effect my visa application and home office may refuse it?

Yes, because your current living arrangement constitutes fraud...

mtahiriqbal13 · Post by **mtahiriqbal13** » Tue Jul 22, 2014 12:37 pm

ok thank you so much for the information.

FaeLLe · Post by **FaeLLe** » Thu Jul 31, 2014 10:18 pm

Put your office address as your UK address and make sure you move out like tomorrow...

T2dep · Post by **T2dep** » Thu Aug 07, 2014 12:02 am

Amber wrote:You're a non-dep for which a deduction from HB/CTB should be made. If you're from India or Pakistan you have a legal responsibility to be placed on the electoral register.

Amber, Is it really a legal responsibility to register for electoral, if from India or Pakistan!! Any link on this please.
Cheers

Post by **Amber** » Thu Aug 07, 2014 1:12 am

Yes, it is, under Regulation 23 of the Representation of the Peoples Regulations 2001 - See more at: http://www.elmbridge.gov.uk/faq/faq.htm ... zU7Xr.dpuf.

FaeLLe · Post by **FaeLLe** » Thu Aug 07, 2014 6:32 am

Amber wrote:Yes, it is, under Regulation 23 of the Representation of the Peoples Regulations 2001 - See more at: http://www.elmbridge.gov.uk/faq/faq.htm ... zU7Xr.dpuf.

Hello Amber,

Registration is mandated by an Act not a law so it's not a criminal issue but a civil matter isn't it? Even if the council wanted to dispute you and Sue you for a civil matter they can only get you charged with a fixed penalty notice fine that does not fall under general grounds for refusal for leave to remain or ILR am I right?

BUK in either case I recommend everyone to register to vote if you have the privilege and are eligible because you can get a higher credit rating.

Post by **Amber** » Thu Aug 07, 2014 7:25 am

No, it's criminal, we have a common law system, with both statutory and common law criminal offences.

T2dep · Post by **T2dep** » Thu Aug 07, 2014 1:09 pm

Hi Amber
Thanks for your guidance. Can council tax debt also be a problem for ILR, though it is not for current council and neither on experian credit report.

FaeLLe · Post by **FaeLLe** » Sat Aug 16, 2014 7:12 pm

T2dep wrote:Hi Amber
Thanks for your guidance. Can council tax debt also be a problem for ILR, though it is not for current council and neither on experian credit report.

If you have been taken to court for council tax arrears or debt and found guilty then you are in tough luck.
You might as well forget about your ILR till the maximum period for such an offense passes, check the ILR immigration laws.

Post by **Amber** » Sat Aug 16, 2014 7:13 pm

A council tax summons is not a CCJ nor a conviction.

FaeLLe · Post by **FaeLLe** » Sat Aug 16, 2014 7:58 pm

Was just trying to extrapolate from the summons in case it escalated from there since OP mentioned council tax debt and it was not clear what his situation was.

mtahiriqbal13 · Post by **mtahiriqbal13** » Wed Aug 27, 2014 5:40 pm

thank you all for useful information, I have changed to new house and also did agreement with current landlord.

any one know what is current processing time for ILR under 10 years rule?

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