Public Funds and Government Subsidized rent

[manenoor]

I hope some one on this forum can assist me.

Im on WP with "No recourse to public fund". I purchased a flat from a housing association on NewBuild Homebuy scheme (formerly known as Shared ownership) one yeare ago.

When I purchased this flat housing association cleared me that as long as you can manage mortgage on the share you own, this should be fine. I provided them my passport and other details.

After 1 year when Im filling form of my new born baby for dependent visa, I was stuck when I seen option in FLR (O) that tick if you are renting from council or housing association.

I did a search on the internet and found NewBuild Homebuy scheme is government funded and you pay government subsidized rent on it. Housing association gets money from Government for this purpose.

It is important to note when I signed my lease, I signed it directly with housing association and there was no involvement of housing authority or local council.

Shared ownership has already been discussed in this forum and conclusion was as long as there is no local housing authority involve you can buy such a scheme.

Based on above I have few questions:

- Is Government subsidized rent on NewBuild Homebuy scheme falls under "Public Fund".
- How can I check that Im using Public Fund.
- Im happy to go back to UKBA and explain them the situation. Is there any procedure for that.

[John]

There is nothing to explain. The letting, of the share you do not own, is not within the definition of Public Funds.

A letting by a Housing Association can only be within the definition of Public Funds if the letting has happened because of nomination rights used by the local council, but that clearly does not happen in a shared ownership scheme.

[manenoor]

There is nothing to explain. The letting, of the share you do not own, is not within the definition of Public Funds.

A letting by a Housing Association can only be within the definition of Public Funds if the letting has happened because of nomination rights used by the local council, but that clearly does not happen in a shared ownership scheme.

John,

I 100% agree with you as per definition of public fund.

However, when I google on internet and see eligibility criteria for NewBuild Home buy. One of Housing association, called NottingHill Housing, have specified that any one who is not entitled to use public fund is not eligible for NewBuild Homebuy.

Do you think it is worth to get clear this situation contacting officially HO. Is there any set procedure for that.

[John]

What you mention is a separate matter, and does not mean that any "immigration offence" has been committed.

Not sure why you are looking for problems here.

[manenoor]

Im thinking may be I was not eligible to buy this flat and housing association just did not realize it. I personally think it is not fair for housing association to pass Government subsidized rent to any one who can not claim Public Funds.

[John]

You didn't ... I didn't .... as far as I know no one reading this Board did .... write the definition of Public Funds as in para 6 of the Immigration Rules. So clearly no one here is to blame for the fact that the rental you are talking about is not within the definition of Public Funds.

[manenoor]

John, I know Im worrying for not. May be just because I invested a lot in mortgage and other bits for my flat...

All day I spent time reading public funds. There are lot of things that could be regarded as public money and we on immigration control people are benefiting it but they CLEARLY do not fall under 'public fund'. For example NHS etc

Sorry I took lot of time from you. I wish I throughly read public fund definition before asking this question. But all clear now.