Ilr dependent under immigration control. Advise on benefits.

[habsimak]

Dear guru
I got my ilr under 10 years and my wife got her flr m recently. She falls under rules prior to jul 2012. She spent 1 year as psw dependant and 1 year 6 months as tier 1 general.
You are advising other members on this forum that they can combine the stay as PBS dependent with flr m to qualify for set m.
The recent changes to the settlement route for dependends which came into effect on 06 April 2013 does not allow you to add any time spent as a dependent on a non settlement route to be added towards settlement.
I called home office for clarification and they said the same. Even though my wife has spent 2 years and 6 months in uk she still has to wait for another 6 months as she cannot use her psw dependent period towards settlement.

Would you please put some light on this matter as I am still confused about the changes.

I would also like to take this opportunity to ask you as to what benefits I can claim while my wife in under immigration control. I have a child born in uk and I have applied for child benefit only.
I have noticed that the form set m is asking for the details of all the benefits claim on the application form. Under section 8 of form set m the first line they mention is "you must provide evidence that your partner is a able to adequately maintain you and any dependends in the united kingdom without recourse to public funds".

How does this work out when a settle person is allowed to have benefits. Will they refuse the application on the basis that the main applicant is taking benefits?

Your input in this regard is highly appreciated.
Thank you in advance for your time and advice.

[Amber]

Although you are correct that a statement of intent for changes was released, the actual rules have not yet changed and the settlement ops team are still accepting the amalgamation and use of Part 8. This is likely to change but I can't say when. Moreover, this change, would only affect those migrants whose spouse did not settle as a PBS applicant, such as yourself who was a long residence applicant.

You can claim child benefit in your names and tax credits jointly.

[habsimak]

Although you are correct that a statement of intent for changes was released, the actual rules have not yet changed and the settlement ops team are still accepting the amalgamation and use of Part 8. This is likely to change but I can't say when. Moreover, this change, would only affect those migrants whose spouse did not settle as a PBS applicant, such as yourself who was a long residence applicant.

You can claim child benefit in your names and tax credits jointly.

Dear Amber

Thank you for ur quick reply. Do you recon I take a chance to apply for her ilr? And also can I claim housing benefit. Will it effect any of our future applications?

[Amber]

Although you are correct that a statement of intent for changes was released, the actual rules have not yet changed and the settlement ops team are still accepting the amalgamation and use of Part 8. This is likely to change but I can't say when. Moreover, this change, would only affect those migrants whose spouse did not settle as a PBS applicant, such as yourself who was a long residence applicant.

You can claim child benefit in your names and tax credits jointly.

Dear Amber

Thank you for ur quick reply. Do you recon I take a chance to apply for her ilr? And also can I claim housing benefit. Will it effect any of our future applications?

I suggest you ask the settlement policy team for an update as to whether the policy has changed. Email SettlementOpsPolicy@homeoffice.gsi.gov.uk and ask 'is it still possible for a previous PBS dependent to qualify for ILR under Part 8 by combining the time spent as a PBS dep with that of flr(m)? Even where the spouse qualified for ILR as a long resident'? Please let us know of the response.

If they say yes, as they did 5 weeks ago, you'll still be ok. If you claim housing benefit, you must ensure your applicable amount doesn't include a couple amount, but rather a single parent/lone parent amount.

[habsimak]

I suggest you ask the settlement policy team for an update as to whether the policy has changed. Email SettlementOpsPolicy@homeoffice.gsi.gov.uk and ask 'is it still possible for a previous PBS dependent to qualify for ILR under Part 8 by combining the time spent as a PBS dep with that of flr(m)? Even where the spouse qualified for ILR as a long resident'? Please let us know of the response.

If they say yes, as they did 5 weeks ago, you'll still be ok. If you claim housing benefit, you must ensure your applicable amount doesn't include a couple amount, but rather a single parent/lone parent amount.

Thank you once again. Will update you once I get the response from them.
Kind regards.

[Amber]

See also, http://www.immigrationboards.com/viewto ... 063#889063

[habsimak]

See also, http://www.immigrationboards.com/viewto ... 063#889063

Thx. Written email to ops team.

[Amber]

See also a recent success (click)

[habsimak]

See also a recent success (click)

Dear Amber

I have received the following reply from the Settlement ops policy email.

"Dear Sir,

The rules for partners of settled persons can be found on our website. The requirements for ILR can be found under Paragraph 287, below extract is the most relevant in your wife’s case:

a)(i)(a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom

After you had been granted ILR under long residence, your wife could no longer be classed as a PBS dependant, and was required to switch into the rules of partner of a settled person, under paragraph 284. As she had held leave in the category of PBS dependant granted before 9th July 2012, she would be eligible to apply for ILR after she has spent 2 years as a dependant partner. She had already completed over 2 years in the UK with leave as a dependant partner when her application for further leave to remain was granted, therefore she would be eligible to apply for ILR immediately.

I trust this answers your question."

Is this email correspondence enough for me to apply for my wife's ILR??
In other words can I use this email in support of my wife's ILR application as I don't want to spend a fortune and get a refusal which I cannot contest.

Please advise.

[Amber]

Yes, you can use the email and highlight immigration rule 287(a)(i)(d).

[habsimak]

Yes, you can use the email and highlight immigration rule 287(a)(i)(d).

Thank you for your quick reply. Will think over it once again and might apply. Would you reckon taking a PEO appointment better option than posting the application?

[Amber]

I would say a PEO would be the best idea.

[habsimak]

I would say a PEO would be the best idea.

Dear Amber

Thank you for your help on the SET M. I have been through Liverpool PEO and had no problem in getting ILR for my wife. You have been great help and it wouldn't have been possible without your advise.

I wish all the other forum members all the best in their application's.

will come back to this form for Naturalisation.

[z18runway]

any query about adequate maintenance at liverpool PEO ?

what is your annual income excluding benefits ?

[habsimak]

any query about adequate maintenance at liverpool PEO ?

what is your annual income excluding benefits ?

As I was under old rules no questions were asked. Our household income excluding anybenefits was £1500 a month.

[z18runway]

Thanks for your reply. Did you try to calculate your adequate maintenance for a couple with one child after deducting any rent ?

[habsimak]

Thanks for your reply. Did you try to calculate your adequate maintenance for a couple with one child after deducting any rent ?

Yes they do have have some figures on this forum for the maintenance, i think its 112 something for couple and 65 odd pounds for every child, which come to around 180 per week after the rent. It is advisable to make sure that you are left with this sort of money to be on the safer side.

Please check the flr M topics and you will find the right figures.

[Amber]

Income support applicable amount 2013/14 (per week):

£112.55 per couple and £65.62 per child

Your income, Net per week should equal or exceed the income support applicable amount after deducting rent/mortgage.

Income can be earnings, capital and benefits can be taken into account under the old rule.

[JShah]

Hi,
I m planning to apply for my wife visa using FLR(M),
My question is regarding maintenance. How much money she needs to show for maintenance and for how long.
I am settled here and she is on PBS Dependent visa, which she got it in 2011.
Any help will be highly appreciated

[Amber]

JShah:

Income support applicable amount 2013/14 (per week):

£112.55 per couple and £65.62 per child

Your income, Net per week should equal or exceed the income support applicable amount after deducting rent/mortgage.

Income can be earnings, capital and benefits can be taken into account under the old rule.

[JShah]

Thanks for the the response,
Can you tell me for how long I should have this is amount in my account.

Regards

[Amber]

There need not be money in the account. You should supply 3 months wage slips and corresponding bank statements to show income.

[JShah]

Hi,
I m on ILR, my wife is on dependent visa, i got 2 kids,
I just want to know if i m entitle housing benefit.
Any help will be highly appreciated

[Amber]

What Country is your spouse native?

[JShah]

Thanks for the prompt response, my wife is from Pakistan. And one more thing, does kids immigration status effect benefits, bcz one of my kid is on dependent visa while my son got ILR.

Regards