Main Applicant source of income & benefits, Partner to apply for ILR

[olbwaol]

Hi,

My partner is to apply for ILR (Tier 1 Dependant) and has never worked in UK.

I am (the main applicant) british citizen and totally living on benefits (child benefit, tax credits, Income based JSA, Housing benefits etc ) to maintain my partner and children...
Of course may partner has no recourse to public funds and so not receiving any benefits...

Can somebody confirm me what can be classified as source of income in section 5.7 of the SET (O) form ?

==> Section 5.7 of SET (O) form says ==> "Complete the following table indicating the sources and levels of income as indicated in 5.1 - 5.6 that you and your partner are relying on to maintain you and any dependants adequately"

Can just child tax credits & child benefits be classified as income source (as technically they are not considered as public funds for immigration purposes) and would my partner be granted ILR on basis of this?

Is there any specific maintenance requirements to be met (without considering benefits as main source of income) 'or' any minimum earnings / savings I should have?

Please help.

[CR001]

Child benefit and child tax credits are considered public funds for immigration purposes and clearly appear on the list under section 5.

Are you claiming child tax credits in JOINT names with your spouse???

There is no 'maintenance fund' requirement, but my understanding is that you are to show you can support your family/dependents without recourse to public funds.

Is your spouse a Tier 1 General Dependent or a Tier 1 Entrepreneur dependent??

[olbwaol]

Hi CR001,

Thanks for the reply..

Child tax credit in my name only...

My partner is Tier 1 General Dependent

Regards

[CR001]

Child Tax Credits MUST be claimed in JOINT names with your spouse. If you have not been doing that, it can be classed as benefit fraud as you are not a single parent, which is how you have claimed if only in your name.

Did you declare your spouse on your housing benefit application too or not??

[olbwaol]

Well, I am not sure how can I know whether my partner is part of benefit claims or not...
only I can assume is to see whom those claim letters has been addressed to

Ok... I now open all official correspondence..

Child tax credits ... letter addressed to both me & my partner
Child benefit ... only addressed to me...
Housing benefits ... only addressed to me
JSA.... only addressed to me...

Regards

[CR001]

For the purpose of immigration applications, child tax credits must be claimed jointly and has no effect on the spouse with leave to remain visa.

[olbwaol]

ok thanks for clarification...

but my original still remain...

Will that be a bit risky now to apply for ILR for my partner when specifically I have not other source of income other than main benefits ?

The only other safe alternative I can think of:
Is to apply for Tier 1 (General) dependant extension for my partner, where I just has to show that enough funds are there in my bank account for period of 90 days....
There is no actual requirement to prove whether I am employed or what is the actual source of these funds ?

Is my understanding correct ?

[olbwaol]

Can anybody help me please ?