I am British. Will my benefits impact on my husband's visa?

[bmerry]

Hi everyone,

I am new to this forum but my husband has used it in the past and found it really helpful, so firstly I would like to thank you for your support!

Here is my problem: Any knowledgeable advice would be hugely appreciated, and thank you in advance.

My husband is Canadian and I am British. He has been living with me in the UK for two years under the 'youth mobility' category, and has just been awarded a 5 year British Ancestry visa (his grandparents are British). Both are work visas (he works in the UK), and both state 'No recourse to public funds'.

When his Ancestry visa expires in 5 year's time we intend for him to apply for indefinite leave to remain. To qualify for this we are aware that we have to be very careful not to violate the terms of his current ancestry visa over the next five years.

My husband doesn't need or want to claim any benefits for himself, and he works to pay his share of our living epenses. However, I have recently been diagnosed with a chronic health condition and am really struggling to hold down even a part-time job. I think what I really need is some time to recuperate, and I am considering applying for ESA, and possibly also housing and council tax benefit to cover my share of our living expenses and allow me to rest and look after my health.

I am really worried, however, that if I apply for these benefits then as we live together it might count as 'recourse to public funds' for my husband and violate the terms of his visa. As a married couple living together are our finances counted all together? (i.e. if I get ESA and Housing Benefit and use it to pay my share of our joint living expenses, will UKBA say that he has been having recourse to public funds?)

I am really cautious to make sure that my husband will be fully eligible to apply for indefinite leave to remain in 5 year's time, so I need to know whether I can safely apply for benefits without it impacting negatively on his immigration status and future plans to stay living with me in the UK!

Does anybody know whether I am eligible to apply for benefits in my own right without it affecting his immigration restrictions?

Any advice on this would be greatly appreciated.

Thank you very much in advance,

B

[vinny]

See also MAA2 Public funds and Rules before 9th July 2012 (192(i) > 186(v)).

[Amber]

You can claim ESA though you must inform the DWP that your husband is subject to immigration control, this you'll only be paid a single person's applicable amount. You should also consider claiming Personal Independence Payments if you're not claiming DLA already. PIP only concerns you so it only needs to be in your name.

Housing benefit and council tax benefit is means tested so although you can claim it, it must be in joint names and only pay a single person's applicable amount, your husbands earnings wil likely mean you won't get either.

[bmerry]

Thank you both for your replies, a great help and much appreciated!