DLR and spouse

[leonex4t5]

I was granted DLR in July 2011 and should qualify for ILR July 2017. I was granted on the basis of having a bristish child for which I'm till playing an active role. I'm married to a non-EU national who is currently in the UK studying on a Tier 4
visa. In 2015, I was given an adminitrative penalty for failing to notify the council of a salary increase causing housing benefit overpayment.

My questions:
1) when applying for ILR do I need to declare the administrative penalty? From reading the good character requirement it doesn't make any reference to admin penalty.

2) if HO decides to refuse my ILR because of the admin penalty, when will I qualify for ILR - assuming they grant me a DLR extension instead.

3) lastly, since my partner is currently living in the uk on a student visa, can she swap to being my dependant (under my DLR)?

I appreciate your views.

[Casa]

You should declare this as the overpayment will have been investigated by the DWP and held on official records.
https://www.citizensadvice.org.uk/benef ... fit-fraud/

Your wife can't switch from Tier 4 to FLR(M) as your dependent as you don't yet have settled status (ILR).

[leonex4t5]

Casa,

Thank you for your response. I had assumed that only if it was benefit fraud (i.e. Charged and/or convicted etc) you did not need to declare.
I'm morethan happy to declare as it was one those silly error where i got an annual pay increase of 3k and forgot to inform the council.

But from your experience would this cause any problem in getting ILR?

and I planned on applying through PEO - is this still a sensible approach given I have to declare the above?

[Casa]

Casa,

Thank you for your response. I had assumed that only if it was benefit fraud (i.e. Charged and/or convicted etc) you did not need to declare.
I'm morethan happy to declare as it was one those silly error where i got an annual pay increase of 3k and forgot to inform the council.

But from your experience would this cause any problem in getting ILR? Not if you declare it.

and I planned on applying through PEO - is this still a sensible approach given I have to declare the above?

[leonex4t5]

Thanks ever so much Casa. I shall update on progress in June 17 when I make the application.

[Casa]

Thanks ever so much Casa. I shall update on progress in June 17 when I make the application.

Please do.

[leonex4t5]

Quick update: I applied for ILR on the 9/6/2017 at the PEO and was successful. The whole process took approximately 90 mins.

Brief context below:

I was initially granted DL on 7/7/2011 and was subsequently granted an extension on 23/7/2014 to expire on the 23/7/2017. (All on the basis of my relationship with my British child).

Therefore, I completed 6 years of DL on the 6/7/2017 (7/7/11 - 6/7/17) with the 8/6/17 the earliest I can apply for ILR as per home office guidance that applications may be made up to 28 days before the end of the qualifying period.

Also 2 years ago I was issued an administrative penalty for housing benefit overpayment because I forgot to notify the council of a pay rise. I have paid back the full overpayment.