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(Overstayer) Houseing tenancy advice needed

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east579new
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(Overstayer) Houseing tenancy advice needed

Post by east579new » Thu Oct 24, 2013 11:08 pm

I currently live in social housing which is provided by an housing association and my partner is an over stayer. I would like to put her name on the tenancy agreement, the housing association are unaware she is living with me.

Has anybody here had any experience of doing this? or is it best just to leave it as it is, because surly they will want to see her id and and now she doesn’t have any as the UKBA have confiscated her passport.

Also the council are fully aware she is living with my as i claim CTB an notified them along time but her name is not on the bill will they allow me to put her name on the Bill? or will they not as she is an over stayer with no income.

Any advice would be very welcome.

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Post by Obie » Thu Oct 24, 2013 11:14 pm

She is not entitled to social housing. It will be considered as Public funds.

There are other ways you can demonstrate joint cohabitation, especially where there are children involved, rather than getting your wife to do something which is illegal.

I don't think they will include her as joint tenant in the first place as she does not hold ILR.
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east579new
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Post by east579new » Thu Oct 24, 2013 11:36 pm

Obie wrote:She is not entitled to social housing. It will be considered as Public funds.

There are other ways you can demonstrate joint cohabitation, especially where there are children involved, rather than getting your wife to do something which is illegal.

I don't think they will include her as joint tenant in the first place as she does not hold ILR.
So Obie in your opinion do you think its best if i just keep the tenancy as it is in my name? i have been living at this property 2 years before i met my partner.

Also what are your views on putting her name on the council tax bill?.

And your assumption of me wanting to demonstrate cohabitation are correct, i was just thinking it would be more evidence to hand in that’s all.

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Post by Amber » Fri Oct 25, 2013 9:28 am

She may be able to have her name added to the tenancy agreement as:
Page 15 wrote:A British citizen or a person settled in the UK who receives housing from a local authority
can include their partner’s name on the tenancy agreement, even if their partner is subject to
immigration control.

As it is not the person subject to immigration control making the claim they must not be
considered to be claiming public funds.
However, you need to try and regularise her stay. What is her immigration history and yours?
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Obie
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Post by Obie » Fri Oct 25, 2013 10:03 am

Interesting point. My thought was somewhere else.

I believe there will not be much difficulty in her being put as an additional dweller, which she is. However I was thinking of a scenerio where she is put as a joint tenant so that the tenancy is amended and she is awarded equal status.

In any event I am not sure the council will be able to do this in light of her status in the UK, but you can try. I believe joint cohabitation can be proven by means other than adding he as an additional dweller, which may be construed as an additional tenant.

In my experience, that has been problematic in the past.
Smooth seas do not make skilful sailors

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Casa
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Post by Casa » Fri Oct 25, 2013 11:09 am

In the circumstances given, I would be wary of the newly introduced Immigration Bill regarding landlords renting to tenants who have no legal status in the UK.

east579new
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Post by east579new » Fri Oct 25, 2013 11:39 am

Many thanks to everybody for there advice i think im going to leave it as it is given the advice, with me as the liable tenant.

AS i said its an housing association property which was given to me before i met my partner about 2 years before so the tenancy was in my name only and i have an assured tenancy.

What about the council tax bill would that be a problem nobody has commented on this?.

D4109125 Our immigration history is im English my partner is a Brazilian over stayer and we have a child together a British citizen with a British passport.

My partner has already had one FLR(O) Refusal this year and now we are preparing for another attempt to regularize her status.

As obie has cleverly deducted im just looking for more ways to prove cohabitation you know im sure every little piece of paper helps.

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Post by Amber » Fri Oct 25, 2013 1:57 pm

Did you not submit an appeal/judicial review? You may no longer be entitled to the single person discount on council tax. Moreover, if you are living as a couple then the claim for HB/CTB should be joint but only paying a single person/lone parent applicable amount.
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east579new
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Post by east579new » Fri Oct 25, 2013 2:43 pm

D4109125 wrote:Did you not submit an appeal/judicial review? You may no longer be entitled to the single person discount on council tax. Moreover, if you are living as a couple then the claim for HB/CTB should be joint but only paying a single person/lone parent applicable amount.
D4109125 everything regarding HB+CTB is as it should be i do not claim the single persons discount as i am not single and the council are fully aware of my partners immigration status and the fact she has no recourse to public funds and i am paid at the single persons benefit rate for myself and my child.

As for JR i was Advised by the immigration adviser after they had consulted a barrister that there was little merit for JR as there has been no removal decision so my partner is in limbo (there favourite tactic) and if there was an attempt to remove it activates the right of appeal (which she didn’t have) and most judges in the land would find it disproportionate to separate a parent from there child.

I couldn’t believe my ears when the immigration adviser said something along the lines of JR is very expensive and at the end of the day we want to save you money. (i always thought it was there job to make as much money as they can lol).

Please read my posts for a background history.

As we have now been livening together just over 2 years we are going to try again but as i understand they will just refuse, but if we were separated or you don’t have an English partner they hand out these visa's like jelly babies.

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