Income and ILR questions

[emmabc]

Firstly, I know there has been a lot of discussion on this topic. I have read many threads and Home Office info and am still confused. I would be incredibly grateful for any advice...

My husband is foreign and on his initial 2 year spouse visa, which runs out in December this year. We have 2 children under 3.

Since he got his initial visa, our family situation has declined seriously in terms of income. My husband was made redundant in January and still hasn't found work. I was suffering from serious depression (actually, he has been too) so I was waiting for him to find a new job...when this didn't happen, I started applying in earnest myself, but still don't have a job.

Anyway, hopefully we will have one of us at least in full-time employment by the time we come to apply for ILR for my husband.

BUT I, myself, as the British citizen am currently claiming Housing Benefit, Council Tax Benefit, Healthy Start vouchers and income-based JSA. I spent hours talking to the benefits office and CAB to see if this claim would be a problem for my husband's ILR application and was told, resoundingly, it would not be. But having looked again at the Home Office website, I am really worried this is not the case. Can anyone clarify?

If there is a problem, if I am off benefits by the time my husband is due to apply, will that be OK or will there still be an issue because I did claim during my husband's initial two year visa period?

I would also like to know what level of income they will look for when assessing my husband's application. What do they consider enough money to live on? Do debts matter, if they are reasonable and being paid off?

Also, my husband was ill with depression earlier this year and went missing for a day. I was worried and called the police, who picked him up. They took no further action and it doesn't count as criminal activity or anything, but is there going to be a record of this somewhere and will it count against his application?

I am sorry for all the questions. We paid for legal advice for husband's initial application, but our financial situation is very different now and we can't afford to. Thanks so, so much.

Emma

[cino]

hi i read you'r questions and just want to ask when his gonna apply for ilr thanx

[emmabc]

Thanks for the quick response!

His current visa expires in December, not sure how early he can reapply.

[Casa]

Home Office Case Workers are instructed not to refuse Spouse ILR applications solely on lack of finance. The police assistance you had won't affect the application either.

[cino]

hi emma.. it will not effect you'r husband application when you the main applicant which you'r so no need for both of you to worry my wife was caliming jsa.. child benefit child tax credit when i start working i claimed working tax credit i have made premium application same day and got it my advice to you emma is have same day application it's more easy and fast it save you time and worrying am sure ur husband will get job soon don't worry about the police is nothing to worry about and good luck to him

[cino]

forgot to say he has to apply for ilr 28days before the spouse visa expired

[mochyn]

No need to worry.Granting of ILR is not based on financial means but proof that the relationship is still continuing.You can claim ILR 28 days before expiration of spousal visa

[John]

You can claim ILR 28 days before expiration of spousal visa

That is certainly the case where the 2-year spouse visa was issued in the UK, for example on conversion from fiancé(e) visa.

But now that spouse visas issued outside the UK are issued for 27 months it is better to say that the ILR application can be made ..... not earlier than 28 days before the 2nd anniversary of the person arriving in the UK using their spouse visa, and no later than the expiry date of that visa.

emmabc, your list of benefits does not include Child Benefit or Tax Credits. Please confirm that one of you is claiming Child Benefit, and the two of you jointly are claiming Tax Credits.

[emmabc]

Thanks so much all for your help. It is a huge weight off my mind. Knowing clearly when he can apply is great too, thanks very much. John, I am personally claiming Child Benefit, I put in a joint claim for Tax Credits and received Child Tax Credit but understood my husband is not eligible for Working Tax Credit. Is that correct?

Also, someone told me yesterday that my husband COULD apply for contribution-based JSA, since that didn't count as public funds for immigration purposes, as it's based on what he's paid in to the system. Is that correct or another red herring?

Thanks so much.

[John]

I am personally claiming Child Benefit, I put in a joint claim for Tax Credits and received Child Tax Credit but understood my husband is not eligible for Working Tax Credit. Is that correct?

No that is not correct. Given the circumstances, your husband being married to a British Citizen, as regards the joint claim for Tax Credits, there is just as much entitlement to WTC as to CTC.

But back to the basics of Tax Credits, and nothing to do with immigration matters, Tax Credits are of course based on family income and the higher the family income the lower the Tax Credits. So it might be the case that family income knocks out the entitlement to WTC, but if that happens it happens because of family income and not because of an immigration matter.

Your husband claiming contribution-based JSA? I confirm that such benefit is not within the definition of Public Funds as in para 6 of the Immigration Rules. In fact no contribution-based benefits are within that definition?

But how long has he been in the UK paying NICs? If only a year or so he might not have built up a sufficient record of paying NICs to get any contribution-based benefit.

[emmabc]

Thanks John. *Sigh*.

Has anyone else found a real problem with lack of knowledge about immigration-related matters when communicating with benefits authorities? I have spent hours on the phone to the tax credits helpline etc over the last 18 months and received absolute wrong information presented as fact at least 7 or 8 times. I've queried the statements I suspected might be wrong and been told with absolute confidence 'no, it's the way I'm telling you', when that has later turned out to be wrong. We are probably thousands of pounds short because of it by this point.

Can I just confirm that if my husband did get Working Tax Credit, it wouldn't affect his ILR application either?

Thanks again.

[John]

Hmm .... another example of a helpline not being very helpful.

The important aspect here is that your husband is married to a British Citizen, you! So we have a couple one of whom is subject to immigration control ... your husband ... and one who is not subject to immigration control ... you. In accordance with with reg 3(2) Tax Credits (Immigration) Regulations 2003, for Tax Credits purposes only both are to be treated as not subject to immigration control ... so such a joint claim is no problem at all. And this is reinforced by para 6B of the Immigration Rules.

Such regulations do not vary from CTC to WTC .... exactly the same technical regulations apply to both. And there is just one claim form, so I am struggling to understand how you would have been underpaid Tax Credits.

[cino]

i was claiming all this benefits i haven't had any problem ... i remember a month before applying for ILR i was talking to a solicitor about the working tax credit she told me my application will fail i'v told her that there is exception's but she assured me it will fail so i was very worried i had to phone HMRC and i told them the matter they said send us ur passport i'v sent it in after 2weeks got it back with letter saying the home office will not refuse your application and stating all the immigration rules i was so happy and a week after i had my appointment at croydon it took few hours to get ILR still have the letter anyway gud luck

[John]

cino, yet more proof that some, but certainly not all, immigration advisers are not clued up on the interaction of benefit law and immigration law.

[cino]

thanx john ...

[emmabc]

Thanks Cino and John. I am amazed by this board and the level of time and help offered, and extremely appreciative.

I think we haven't been paid less WTC than we're entitled to...it must just have been the people on the phone I spoke to who got it wrong.

I would like to say a huge thankyou for all help I've been given. I feel completely confident I know what's what now. Wishing you all the very best for the future.

Emma

[cino]

good luck