Spouse visa and public funds

[zia554]

Hello
Please guide me on the following:

I am on spouse visa(5 years route) and my wife and daughter are British. I am earning more than £20,000 and my wife is not working. Now my wife is claiming child benefits, child tax credit, work tax credit, and housing benefit.

I am due to apply for indefinite leave ILR next year.

So will the benefits my wife is claiming effect my application?

[Casa]

No problem if child benefits are claimed in your wife's name only, and tax credits in joint names. Housing Benefit should be claimed at the single person + child/children rate, but all household income must be declared for the calculation,

[bluebird12]

I have much doubts about if somebody is earning £20,000 and still entitled working tax credits and specifically housing benefits , you need to check with govt benefits department that correct income details are provided to them and there is no error otherwise claiming benefits which are not entitled will cause serious problems in future

[Casa]

I have much doubts about if somebody is earning £20,000 and still entitled working tax credits and specifically housing benefits , you need to check with govt benefits department that correct income details are provided to them and there is no error otherwise claiming benefits which are not entitled will cause serious problems in future

I agree.

[zia554]

Hello

Thank you very much for your great reply.

I am a self employed and I will have to show £18600 for year 2017/18.

Does this £18600 needs to be after tax deducted or included tax?

What this this mean "both of you can support yourselves and any dependants without needing public funds. Income thresholds apply and you should check you meet these before applying."

Please also guide me on (adequate maintenance requirement?")

Thank you

[Casa]

For the self-employed it is the nett amount of earnings which qualify for the minimum income level. i.e amount after business expenses have been deducted and on which the HMRC calculate tax due.

'Adequate maintenance' isn't relevant to your SET(M) application. This is for someone who applied for a Spouse visa before 9th July 2012 or where the sponsor is receiving carers allowance.

[zia554]

thank you very much. U have cleared almost all the points.

Just last and final question sorry for that.

On govt site they written that both the partner and sponsor should be able to leave in uk without needing public funds. Please clear this last point as my partner is claiming some benefits.

Thank you very much

[Casa]

You were advised at the beginning of this thread how benefits should be claimed.

[zia554]

Thank you
Yes you did advised me.

You said that if my wife is claiming on her name then it should not be a problem.
I just need one thing that why are they saying BOTH (sponsor and partner) would be able to live without public funds.


Thank you very much...
Have a good time

[CR001]

You are misunderstanding the public fund statement. It means you cannot ONLY rely on benefits, ie. ESA, JSA, HB, CTC, CB etc.

ONE of you (at least) needs to work and meet the financial requirement.

CB and CTC can be claimed as Casa has advised.

[Casa]

No problem if child benefits are claimed in your wife's name only, and tax credits in joint names. Housing Benefit should be claimed at the single person + child/children rate, but all household income must be declared for the calculation,