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Ilr dependent under immigration control. Advise on benefits.

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Amber
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Post by Amber » Sun Nov 17, 2013 7:47 pm

Housing benefit will be judged on both your incomes but should only award a single person/lone parent amount whilst your spouse is subject to immigration control. Child benefit in your name, tax credits in both.
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JShah
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Posts: 47
Joined: Tue May 07, 2013 10:02 am

Post by JShah » Sun Nov 17, 2013 7:55 pm

Thanks Amber,
So it means I can claim Housing Benefit, and if I claim HB,
Is it going to effect my wife ILR. My wife does not work.

Amber
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Post by Amber » Sun Nov 17, 2013 8:57 pm

Yes, but should only award a single person/lone parent amount whilst your spouse is subject to immigration control (until she has ILR).
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smzai80
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Post by smzai80 » Fri Dec 13, 2013 1:36 am

habsimak wrote:
D4109125 wrote: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.
Hi

I am in same satuation as you. I applied for my wife ILR at PEO Glasow but they send her case to further enquiries as you the one you requested

Can you please forward the email to me as a proof so I can send it to PEO Glasgow to sort my wife application. I mean the email you received for Settlement opt team. I will be very thankful to you
Sohail

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