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Claiming Income Support when spouse on ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Karema
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Claiming Income Support when spouse on ILR

Post by Karema » Sat Sep 23, 2017 7:36 am

Hi, I am really confused. I'm claiming income support as a lone parent as partner subject to nonoublic funds rule. He entered U.K. On spouse visa on July 16. His visa 2.5 ends like Jan 2019.
Plz So far we have a new baby. And no other proof of living together from Aug 2017-present.
I didn't realise I needed to live with him and I'm staying at mums and paying full rent as a dependant (do not need Housing benefit) So do I have enough time to bring my partners name into mums property and gather all the letters needed? There's about 1 year 3 months left before ILR 2.5 yrs?? Will I be rejected for not having proof for Sep 16 - Sept 17.

Second question when I fell pregnant I claimed a Jsa as a single person, IS and now IS as a lone parent!!! I am seeking to stop the income support as soon as it is granted, still waiting for lone parent decision.

We are confused because of my IS and don't know how to close claim without getting investigated. We have not yet claimed CTC that will happen in 2 weeks when IS clears m I bring spouse name into address.

Please tell me if my ILR will work? My baby born only July 17. And IS for lone parent claimed dunce AUg 17 only.

Lastly will me saying single parent or single person for Jsa or IS affect the ILR. I am British obviously

Karema
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Re: Claiming Income Support when spouse on ILR

Post by Karema » Sat Sep 23, 2017 7:57 am

Please can u clarify how a single claim for benefit is done? Is it ok to tick no partner for the forms of Jsa and IS? It would be great if u could clarify how You claim as a single person if you have a partner??????

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Casa
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Re: Claiming Income Support when spouse on ILR

Post by Casa » Sat Sep 23, 2017 10:28 am

Karema wrote:
Sat Sep 23, 2017 7:57 am
Please can u clarify how a single claim for benefit is done? Is it ok to tick no partner for the forms of Jsa and IS? It would be great if u could clarify how You claim as a single person if you have a partner??????
Claiming public funds as a single person when there is a partner, is considered to be benefit fraud and a criminal offence. :!:

You also face a refusal of his FLR(M) application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CMOSUK
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Re: Claiming Income Support when spouse on ILR

Post by CMOSUK » Sat Sep 23, 2017 10:31 am

Karema wrote:
Sat Sep 23, 2017 7:36 am
Hi, I am really confused. I'm claiming income support as a lone parent as partner subject to nonoublic funds rule. He entered U.K. On spouse visa on July 16. His visa 2.5 ends like Jan 2019.
Plz So far we have a new baby. And no other proof of living together from Aug 2017-present.
I didn't realise I needed to live with him and I'm staying at mums and paying full rent as a dependant (do not need Housing benefit) So do I have enough time to bring my partners name into mums property and gather all the letters needed? There's about 1 year 3 months left before ILR 2.5 yrs?? Will I be rejected for not having proof for Sep 16 - Sept 17.

Second question when I fell pregnant I claimed a Jsa as a single person, IS and now IS as a lone parent!!! I am seeking to stop the income support as soon as it is granted, still waiting for lone parent decision.

We are confused because of my IS and don't know how to close claim without getting investigated. We have not yet claimed CTC that will happen in 2 weeks when IS clears m I bring spouse name into address.

Please tell me if my ILR will work? My baby born only July 17. And IS for lone parent claimed dunce AUg 17 only.

Lastly will me saying single parent or single person for Jsa or IS affect the ILR. I am British obviously
Hi,
As you are a British national there is no restriction or no problem rather, in YOU claiming benefits or any public funds (subject to eligibility criteria of course).

Are you and your husband still living together although your are living with your parents? If so you could always have a covering letter to explain why there is may be a gap into why there are no correspondences in your husband name or in joint names.

You also state you are renting, is he included in the agreement?

Also what do you mean by your ILR, do you mean your husbands ILR? If so, he wouldn't be eligible to apply after 2.5 years for ILR if he came on a spouse visa on July 2016 as he would have to have a further leave to remain on another 2.5 year the through the FLR(M) as the partner of a settled person.

He would have to comeplete 5 years legal stay in the UK then he would be able to apply for ILR.

Please note that you still may be able to claim income support but it would only have to be in your name as a single and NOT a joint claim from my understanding.

In regards to child tax credits you may claim in joint names please refer to this post for clarification. Click here
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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CMOSUK
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Re: Claiming Income Support when spouse on ILR

Post by CMOSUK » Sat Sep 23, 2017 10:33 am

Casa wrote:
Sat Sep 23, 2017 10:28 am
Karema wrote:
Sat Sep 23, 2017 7:57 am
Please can u clarify how a single claim for benefit is done? Is it ok to tick no partner for the forms of Jsa and IS? It would be great if u could clarify how You claim as a single person if you have a partner??????
Claiming public funds as a single person when there is a partner, is considered to be benefit fraud and a criminal offence. :!:

You also face a refusal of his FLR(M) application.
I agree.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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Casa
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Re: Claiming Income Support when spouse on ILR

Post by Casa » Sat Sep 23, 2017 10:37 am

Although the calculation for a Public fund can be made as a single applicant the relationship MUST be declared on the application and all household and joint income taken into consideration .

Claiming to be a single parent when there is a subsisting relationship with the child's father is fraudulent. :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Karema
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Re: Claiming Income Support when spouse on ILR

Post by Karema » Sun Sep 24, 2017 4:32 am

But I was told by the jobcentre lady on the phone I could claim income support as lone parent if he doesn't live with me. Please can this be clarified? I told her he was still my partner and on spouse visa. However this has not been written or told to them in writing. I just ticked single parent.

I plan to leave income support within the next week and get my partners name into address. I'm worried the benefit ppl may question me about past.

I meant settlement. If all this is done and I gather proof from now. Do I still have time to fix the situation? Will hmrc look into why I claimed income support as I ticked he doesn't live with me on that form.

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Casa
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Re: Claiming Income Support when spouse on ILR

Post by Casa » Sun Sep 24, 2017 10:22 am

Karema wrote:
Sun Sep 24, 2017 4:32 am
But I was told by the jobcentre lady on the phone I could claim income support as lone parent if he doesn't live with me. Please can this be clarified? I told her he was still my partner and on spouse visa. However this has not been written or told to them in writing. I just ticked single parent.

I plan to leave income support within the next week and get my partners name into address. I'm worried the benefit ppl may question me about past.

I meant settlement. If all this is done and I gather proof from now. Do I still have time to fix the situation? Will hmrc look into why I claimed income support as I ticked he doesn't live with me on that form.
If your husband isn't (or hasn't been) living with you throughout the 2.5 year qualifying period, he no longer qualifies to remain in the UK as your spouse and the application for a visa extension or ILR will be refused.

In declaring that you were a single parent when claiming benefits, this will be recorded on the system shared by the Home Office and HMRC. You can't now 'catch up' by adding your husband's name to your parents' address as the Case Worker will want to see correspondence in joint names during the whole 2.5 year period.

To be honest, you've dug yourself into a deep hole with this. Either your claim to be a single parent will be considered fraudulent, or your statement in your husband's visa application that he is living with you will be rejected as false. :idea:

Why are you living apart from your husband :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Karema
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Re: Claiming Income Support when spouse on ILR

Post by Karema » Sun Sep 24, 2017 1:14 pm

When I became pregnant I couldn't stand to be around him especially as we waiting 4 years for his visa due to me being unable to meet financial criteria. It was a hard time for me. When he finally arrived and I became pregnant I felt really irritated and went to my mums. I really didn't mean to do any fraud and worked right up to 8 months and Jsa to support me through pregnancy. Obviously after baby born things changed between us. I have dug a deep hole. Just going to be honest and hope for best.

Karema
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Re: Claiming Income Support when spouse on ILR

Post by Karema » Sun Sep 24, 2017 1:17 pm

TBH didn't think or wasnt in the right mind mental state to think about his visa. It ok I understand now that I just have to stop claiming and hope for the best. I haven't even recieveds income support yet.

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