Indefinate Leave to Remain - Public Funds

[Rowan]

Hello,

Once again I am seeking clarification on the public funds rule. Having read through the application for Indefinate leave to remain my concern is this...

While I have been here on a limited leave to remain visa my husband is recieving public funds.

The SET(M) form has me worried that this won't be good enough if applying for indefinate leave - that if my husband relies on public funds (which he does because he is too ill to put in more work hours) my application will be refused. Am I panicking needlessly?

I am very stressed as I have to submit my application before september and I have only just found out about the englishness test. My husband is very ill and I am his only support because his condition is little understood - I wish this could be taken into account.

We do run our own business but it is still small. Might this be of interest - something I should mention in my application to show that we are making an effort to be less reliant on public funds?

R

[Mr Rusty]

I stand to be corrected by any of the experts on this forum, but my understanding is that if one's UK/settled partner is claiming public funds because of his circumstances alone, it should not affect such an application. I suppose the test is, if you were not there, would your husband's claim be any different? If not, you are not claiming public funds.

On the UKBA website, there is a PDF which gives guidance on what can be claimed:-
http://www.bia.homeoffice.gov.uk/siteco ... cfunds.pdf
- but it doesn't say anything about the point outlined above, which is a pity, as it's a frequent query.

If you can't get through the Life in the UK test in time, you'll have to apply for a further period of limited leave to remain.

[vinny]

Home Office policy on public funds is that there is no objection to the British citizen/settled sponsor receiving any public funds to which he is entitled in his own right. The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant. The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules (see also Chapter 1, Section 7 - Public Funds).

[Rowan]

When I applied for indefinate leave to remain i asked questions and eventually got a letter saying all was ok (I will have to dig it out and have a look), so basically if the same rules apply to both visas I have no reason to worry.

The reason I worry is that it is a double bind - my husband is eligible for benefit in his own right and applies as such for WTC for example. This means he is obliged to tell them if he is living with a partner. And as he is living with a partner is is automatically eligible for a little more money. This has not counted as me claiming for the past two years according to the 2003 Immigration Act but I don't want any nasty surprises in trying to get a different visa.

[John]

While I have been here on a limited leave to remain visa my husband is recieving public funds.

Please tell us more about your husband? Is he British? Or if not, what is his nationality?

my husband is eligible for benefit in his own right and applies as such for WTC for example

In respect of a couple living together, a claim for Tax Credits must be in joint names. Please confirm that is the case.

[Rowan]

my husband is british

we updated the claim so my name is on it yes

we were told that because only one of us is subject to immigration control all was well

[John]

Rowan, indeed it is OK, no problem you being a joint claimant with your British husband for Tax Credits.

And as he is living with a partner is is automatically eligible for a little more money.

Indeed, and as regards the quote provided by Vinny from the UKBA website, I have to say that I think that is extremely badly worded! So before I go on, stop worrying!

In the Immigration Rules the definition of "Public Funds" is in rule 6. Immediately after that are two short rules that they have inserted ... 6A and 6B. Different types of benefits are covered by 6A and 6B, and it has to be said that the words from the UKBA website are a good reflection of what rule 6A says. The sort of benefits covered by 6A include Housing Benefit and Council Tax Benefit, but even then, for you, there is no problem. This is because you have a child, and the fact is that the "income disregard" for HB and CTB is the same for "a single person with child" as for "a couple with child". Accordingly as regards those benefits, it is actually impossible for him to get more HB or CTB because you are living there with your husband.

But what about rule 6B? The sort of benefits that covers includes Tax Credits, and it is absolutely not correct for the UKBA guidance to say that it is wrong for more TCs to be claimed because you are living there. The fact is that a claim is totally OK for you and your husband because of some "small print" in the TC legislation, namely reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by rule 6B of the Immigration Rules.

So Rowan, again, from what you have posted, there is absolutely nothing to worry about, as regards the benefits being claimed.

You have mentioned CB and TCs. Anything else being claimed? Council Tax Benefit? And if rent is being paid, any Housing Benefit?

[Rowan]

Yes both those CT and HB.

Thanks for your reassurances and information. They help.