Tier 4 depedent visa need pay council tax?

[alex132]

I have one question regarding council tax.
I am having Tier 4 student visa, my wife and my baby is having Tier 4 dependent visa.

I am currently renting in a flat where I do not need to pay council tax. (Because of student).

If my wife (Tier 4 depedent visa) working as part time, do I need to pay council tax for my flat?

If my wife only work part time for 1 week?

[sah10406]

I am currently renting in a flat where I do not need to pay council tax. (Because of student).

If my wife (Tier 4 depedent visa) working as part time, do I need to pay council tax for my flat?

If my wife only work part time for 1 week?

Whether she is working is not relevant at all. If you and your wife are the only adults in the property, the whole property is exempt. See https://www.ukcisa.org.uk/Information-- ... layer-3875

[alex132]

The dwelling will not be exempt if your non-student spouse, civil partner or adult dependant living with you in the dwelling are:

An EEA or Swiss national, or the family member of an EEA or Swiss national, who is exercising a right of free movement in the UK
A British citizen
Settled in the UK (with 'indefinite leave to enter' or 'indefinite leave to remain')

--> No need pay council tax if my wife (Tier 4 dependent) working as part time and staying with me only.

[alex132]

My adviser said below:

You may have to pay council tax as your dependant is working.

I would advise you speak to the council tax office. For contact details: https://www.birmingham.gov.uk/info/20005/council_tax
Council tax | Birmingham City Council
www.birmingham.gov.uk
Residents have received calls that their property council tax band is wrong and have paid too much Council Tax. The caller is asking for a fee to correct the mistake ...

[Hola2015]

My adviser said below:

You may have to pay council tax as your dependant is working.

I would advise you speak to the council tax office. For contact details: https://www.birmingham.gov.uk/info/20005/council_tax
Council tax | Birmingham City Council
www.birmingham.gov.uk
Residents have received calls that their property council tax band is wrong and have paid too much Council Tax. The caller is asking for a fee to correct the mistake ...

I think your adviser is right in suggesting that you should speak with the council tax office. But as you have been advised before, you may not need to pay council tax if your wife/dependant also hold a visa with no recourse to public fund as a condition of your visas. I also had similar experience before, where I was erroneously asked to pay council because my wife/dependant was living with me and working. But I was able to claim the council tax I paid back from the council last year after about 8 years.

[sah10406]

My adviser said below:

You may have to pay council tax as your dependant is working.

Has your adviser explained why it makes a difference that your dependant is working? Ask them to show you whatever legislation or guidance they are looking at. Because I have never heard of it!

[alex132]

However, I cannot find any proof from official website (gov.uk) saying Tier 4 dependent visa no need pay council tax if working.
That is what worrying me.

[sah10406]

However, I cannot find any proof from official website (gov.uk) saying Tier 4 dependent visa no need pay council tax if working.

It's at http://www.legislation.gov.uk/uksi/1995 ... e/data.xht

This added the exemption for a student's non-British citizen spouse who is living with the student and who has either a prohibition on claiming benefits (which all Tier 4 dependants have) or a prohibition on working.

Exempt Dwellings — students

5. Article 3 of the Council Tax (Exempt Dwellings) Order 1992(5) shall be amended by the substitution for paragraph (2)(a) of Class N of the following —

“(a)“relevant person” means —
(i)a student;
(ii)a student’s spouse or dependant being in either case a person who is not a British citizen and who is prevented, by the terms of his leave to enter or remain in the United Kingdom, from taking paid employment or from claiming benefits;
...”

[alex132]

Thank you very much

[alex132]

I am Tier 4 student (no public fund) working part time 20 hours a week.
My wife (Tier 4 dependent visa, no public fund) working part time 20 hours a week.
We both stay in same house in Birmingham, and Birmingham Council ask us to pay council tax even I had shown them my university letter.

[sah10406]

Ask your student adviser to help you appeal it. See the previous replies above for the grounds of the appeal.

[vinny]

(ii)a student’s spouse or dependant being in either case a person who is not a British citizen and who is prevented, by the terms of his leave to enter or remain in the United Kingdom, from taking paid employment or from claiming benefits

Whether the student's spouse/dependant works may be irrelevant because of the disjunction 'or'. Student's spouse/dependant is also exempt if s/he is prevented from claiming benefits.

[alex132]

(ii)a student’s spouse or dependant being in either case a person who is not a British citizen and who is prevented, by the terms of his leave to enter or remain in the United Kingdom, from taking paid employment or from claiming benefits

Whether the student's spouse/dependant works may be irrelevant because of the disjunction 'or'. Student's spouse/dependant is also exempt if s/he is prevented from claiming benefits.

I am so sorry for my bad English, i am not good in reading English as English is not my first language and I start learning at the age of 13.

However, can I ask? (I want to make this sentences simple)
Tier 4 student and Tier 4 dependent visa (both no public fund) live in a flat, do NOT need to pay any council tax in Birmingham, UK. Am I correct?

[sah10406]

However, can I ask? (I want to make this sentences simple)
Tier 4 student and Tier 4 dependent visa (both no public fund) live in a flat, do NOT need to pay any council tax in Birmingham, UK. Am I correct?

See my first reply above, two months ago!

If you and your wife are the only adults in the property, the whole property is exempt. See https://www.ukcisa.org.uk/Information-- ... layer-3875