Working Tax Credit & ILR

[SilentEyes]

Hello everyone,

My Background:-

I'm currently in the UK on a 2 year spouse visa (got the visa on Transitional Arrangements). I'm going to apply for ILR next year.

My wife is British. We have no children at the moment. My wife is currently receiving DLA (Disability Living Allowance) and ESA (Employment and Support Allowance).

I'm currently looking for work and have some interviews lined up with one interview coming up for a 16 hrs/week Part Time job in the next few days.


My Question:-

I went to one Welfare Advisor and he told me that I can apply for Working Tax Credit as I won't be able to afford the Housing Rent, Council Tax. Is this true? And if it is true will it cause any problem to my ILR application?

The reason I'm asking this question because as far as I'm aware of, an immigrant cannot claim Working Tax Credit (it counts as Public Funds). Please correct me if I'm wrong.

Or can my wife apply for the Working Tax Credit?


And my second question is, if I am not able to get a job at the time of my ILR application, will this be a problem when I will apply for ILR?


Thank you very much for giving your time and looking. Any help would be greatly appreciated.

[SilentEyes]

Can someone please reply?

I have waiting the whole day for a reply. Refreshing the page every now and then, but still no reply.

[Amber]

Claiming tax credits is fine, but must be in joint names.

For ILR you'll have to show adequate maintenance. Which Country are you native?

[SilentEyes]

Claiming tax credits is fine, but must be in joint names.

For ILR you'll have to show adequate maintenance. Which Country are you native?

Thank you very much for your reply.

I'm from India.

Can you please elaborate about the "Adequate Maintenance" thing?

In case if I'm unable to find a job at the time of applying for ILR, can I show just the savings (say around £5000) and my wife receiving DLR and ESA?

Many thanks.

[Amber]

See, http://www.immigrationboards.com/immigr ... 04025.html

[SilentEyes]

See, http://www.immigrationboards.com/immigr ... 04025.html

Thank you very much for the link.

I have been going through all the pages of the above link, but I can't figure out what to put in the "C" section of the formula. Is it £113.70?

So according to the formula A – B ≥ C, I have:-

A:-
DLA: £42.75/week
ESA: £123.50/week

B:-
Housing Rent & Council Tax: £127/week [£101.74 (Rent) + £25.26 (Other Charges)] (Paid in full by Benefit Payments)


Also, is the following link an official website for Benefits:-

http://www.adviceguide.org.uk/england/b ... owance.htm


Many thanks for your help again.

[Amber]

Yes, that's correct, you must have the £113.70 after subtracting rent from income, any housing and council tax benefit can also be income.

[SilentEyes]

Yes, that's correct, you must have the £113.70 after subtracting rent from income, any housing and council tax benefit can also be income.

Thank you again for your reply.

So now according to the formula A – B ≥ C, I have:-

A:-
DLA: £42.75/week
ESA: £123.50/week
Housing Rent & Council Tax Benefit: £127/week

B:-
Housing Rent & Council Tax: £127/week [£101.74 (Rent) + £25.26 (Other Charges)] (Paid in full by Benefit Payments)

C:-
£113.70

All the above numerical figure put together gives:-

(42.75 + 123.50 + 127) - (127) ≥ 113.70
= 293.25 - 127 ≥ 113.70
= 166.25 ≥ 113.70

Hence I can conclude that I meet the criteria. Am I right?

Also, can you please tell me if the following link is an official website for Benefits:-

http://www.adviceguide.org.uk/england/b ... owance.htm

Many thanks for your help again.

[Amber]

Yes, that's correct.

Are you looking for the official benefit rates? - https://www.gov.uk/government/publicati ... april-2014

[SilentEyes]

Yes, that's correct.

Are you looking for the official benefit rates? - https://www.gov.uk/government/publicati ... april-2014

Thank you very much for the confirmation regarding my first question.

No, I'm not looking for the official benefit rates. But thank you very much for giving the link. It will definitely be of help to me in the future. But the question I had was I wanted confirmation about a statement under the Heading - Who can get Employment and Support Allowance, Sub Heading - Income-related ESA. It states that:-

In addition, you cannot get income-related ESA if you are a member of a couple and your partner works for 24 hours or more a week.

The question I have regarding the above statement is, if I get a job of 16hrs/week, will my wife still be able to claim ESA?

Here is the link again:
http://www.adviceguide.org.uk/england/b ... _allowance

Many thanks for your help again.

[Amber]

Yes that's a CAB site and should be accurate.

[SilentEyes]

Yes that's a CAB site and should be accurate.

Thank you very much for all the help you have provided for free.

[SilentEyes]

Yes that's a CAB site and should be accurate.

I'm sorry I forgot to ask you 3 more questions.

My first questions is, in the calculations in my previous posts, where do I include my savings in my bank (if I can)?

My second question is, if at the time of applying for ILR I don't have a job, how likely is it that my application will be refused, even though I have met the criteria of A – B ≥ C?

And my last question is, at the time of applying for ILR, where can I mention the A – B ≥ C criteria in my application? In a separate cover letter? Do I have to also mention the following as well in the cover letter:-

The Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation


Many thanks for your help again.

[SilentEyes]

Yes that's a CAB site and should be accurate.

Hi Amber, can you please help me with these last few questions I had asked in my last post.

[Amber]

1. Divide savings by the number of weeks leave.
2. Not an issue if you meet adequate maintenance.
3. Yes.

[SilentEyes]

1. Divide savings by the number of weeks leave.
2. Not an issue if you meet adequate maintenance.
3. Yes.

Thanks again for all the help you have provided.