Homelessness Assistance / Spouse Visa

[RMA]

I am on a spouse visa and has recently completed my 5 years and applied for ILR(1st May - application date). My husband is british citizen as well as our 2 year old son.
Due to some unfavourable circumstances we are asked to evict the property we are living in(shared house)
My husband has applied in the local council for assistance, although we are not sure what sort of help they will provide, i just wanted to make sure that this is not joepardising my ILR application.
The only reason we applied was to see if we can get some help with rent since with flexible furlough and salary cuts, it has not been possible to find a property within our budget.

My questions are:

1. the housing officer mentioned that it has to be a joint application even though my husband mentioned that it should be only on his name but the officer was not convinced. Is it necessary to have the housing application on joint names?
2. if our application is granted by the council, does this affect my ILR application/visa and (how/if) we should inform home office of this change?

i hope to receive some expert advise on this. Thank you ever so much.

[JB007]

I am on a spouse visa and has recently completed my 5 years and applied for ILR(1st May - application date). My husband is british citizen as well as our 2 year old son.
Due to some unfavourable circumstances we are asked to evict the property we are living in(shared house)
My husband has applied in the local council for assistance, although we are not sure what sort of help they will provide, i just wanted to make sure that this is not joepardising my ILR application.
The only reason we applied was to see if we can get some help with rent since with flexible furlough and salary cuts, it has not been possible to find a property within our budget.

My questions are:

1. the housing officer mentioned that it has to be a joint application even though my husband mentioned that it should be only on his name but the officer was not convinced. Is it necessary to have the housing application on joint names?
2. if our application is granted by the council, does this affect my ILR application/visa and (how/if) we should inform home office of this change?

i hope to receive some expert advise on this. Thank you ever so much.

Homelessness assisstance is public funds. Being given a property by the Council is Public Funds.


https://www.gov.uk/government/publications/public-funds
Public funds, social housing, homelessness assistanceand other publicly funded support and assistance

Your husabnd is correct in that your name must not be on a tenancy of a council property if you have no recourse to public funds. The tenancy would have to be in his name only, with you being given permission to reside there too.

[JB007]

The council would have advised you that a Section21 is only a notice to quit and then only if it has been served correctly (some aren't).

[JB007]

https://www.gov.uk/government/publications/public-funds
Public funds, social housing, homelessness assistanceand other publicly funded support and assistance

Your husabnd is correct in that your name must not be on a tenancy of a council property if you have no recourse to public funds. The tenancy would have to be in his name only, with you being given permission to reside there too.

Page 20 on the the link.

[RMA]

Thanks so much JB007 for your expert advise and help.
So it clarifies(as per below paragraph from page 20) that if my husband has the tenancy on his name only from council with myself having permission to stay then it should not affect my ILR even though my husband is my sponsor, right?
"A joint tenancy cannot be granted to 2 or more people if any of them is subject to immigration control and ineligible for local authority housing. This applies both to local authority housing and to housing which is provided by a housing association as the result of a nomination by a local authority. A sole tenancy may be granted to someone who is eligible (for example a British citizen or person settled in the UK) but whose spouse/partner is not eligible. The ineligible spouse or partner is not counted as accessing public funds as a result of this."

My only worry now would be that the council has not already processed the application on joint names as i have not heard back from them and they are not very responsive when contacted through email or phone.

sorry, i didnt get what you mean by below...

The council would have advised you that a Section21 is only a notice to quit and then only if it has been served correctly (some aren't).

[Casa]

The information in the link below may help. The Citizens Advice Bureau (CAB) provide free advice regarding your rights as a tenant.

https://www.citizensadvice.org.uk/housi ... on-notice/

[RMA]

Belated but BIG thankyou to everyone for your kind help and advise.

I have further queries and hope you can help with these...

1. Since my husband is now applying for housing benefit and will be applying for universal credit once we move out of the temporary accomodation, do i need to inform home office of these changes given my ILR application is in process i.e. applied 1st May 2021 if yes then how can i inform them.

2. Is there a way to inform home office of a separate correspondence address? We are not in the property where we were living when i applied and the current accomodation is temporary so i do not want to give them this address as it might change as soon as we find something suitable and move out. Given that it is uncertain on when home office will reply i was thinking maybe i leave the original address as it is but can put a different correspondence address. Is this possible? if yes, then how?

Thank you in advance for your help and guidance.
I am glad we have immigrationboards to help with our day to day queries.

[RMA]

Belated but BIG thankyou to everyone for your kind help and advise.

I have further queries and hope you can help with these...

1. Since my husband is now applying for housing benefit and will be applying for universal credit once we move out of the temporary accomodation, do i need to inform home office of these changes given my ILR application is in process i.e. applied 1st May 2021 if yes then how can i inform them.

2. Is there a way to inform home office of a separate correspondence address? We are not in the property where we were living when i applied and the current accomodation is temporary so i do not want to give them this address as it might change as soon as we find something suitable and move out. Given that it is uncertain on when home office will reply i was thinking maybe i leave the original address as it is but can put a different correspondence address. Is this possible? if yes, then how?

Thank you in advance for your help and guidance.
I am glad we have immigrationboards to help with our day to day queries.

Can some expert/guru can kindly advise on above?

[RMA]

I am hoping for someone's kind reply on this...

[bilallondon]

worth checking following link

the page advise as follows

If you have a residence permit that allows you to live in the UK, it may include the condition that you have no recourse to public funds. If so, it means you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state.


However, there are exceptions for some benefits and if you are in any doubt, you should contact the department or agency that issues it. This will often be the Department for Work and Pensions or HM Revenue & Customs.

https://www.gov.uk/government/publicati ... blic-funds

[bilallondon]

https://assets.publishing.service.gov.u ... gov-uk.pdf

goto page 12

Public funds claimed by partners not subject to immigration control

A person subject to immigration control is not considered to be illegally accessing public funds if their partner is entitled to claim them in their own right.

Although a person may be able to access public funds, they cannot rely on such prospective entitlements to assist them to meet the accommodation and maintenance requirements in the Immigration Rules when applying for permission to enter or stay.

[RMA]

https://assets.publishing.service.gov.u ... gov-uk.pdf

goto page 12

Public funds claimed by partners not subject to immigration control

A person subject to immigration control is not considered to be illegally accessing public funds if their partner is entitled to claim them in their own right.

Although a person may be able to access public funds, they cannot rely on such prospective entitlements to assist them to meet the accommodation and maintenance requirements in the Immigration Rules when applying for permission to enter or stay.

Thank you but i was referring to other queries as below
"1. Since my husband is now applying for housing benefit and will be applying for universal credit once we move out of the temporary accomodation, do i need to inform home office of these changes given my ILR application is in process i.e. applied 1st May 2021 if yes then how can i inform them.

2. Is there a way to inform home office of a separate correspondence address? We are not in the property where we were living when i applied and the current accomodation is temporary so i do not want to give them this address as it might change as soon as we find something suitable and move out. Given that it is uncertain on when home office will reply i was thinking maybe i leave the original address as it is but can put a different correspondence address. Is this possible? if yes, then how?"