Claiming benefits while FLR (M) appeal is pending.

[silverbird]

Hi

I have applied for FLR M in May 2012 (before the 18,600 threshold rule was put in place).
I got refused December 2013 as home office didn't see our marriage certificate for some reason and didnt bother to research or ask which made them refuse my application. but we are married and that silly mistake of them not searching is wasting my precious life time and making me sitting at home jobless and miserable for over 2 years now.

I lost my job because of this waste of time as my work which were very helpful waited for my visa renewal but unfortunately had to let me go because my visa application is pending. Thank God I had a few saving and I had to finish all that saving paying bills and rent because we weren't claiming any benefits before the refusal date.

After I got refused I was so let down as we now have 2 kids and I can't imagine leaving my family as I can't take them back home with me for security reasons.
We started claiming housing benefits in my partners name after the refusal as I have burnt all my savings (imagine leaving with no job for over a year).

I appealed the refusal and got a court date for October this year 2014, however I want to ask a few questions.
My partner currently earns about £600 a month and to be on the safe side I want to stop claiming housing benefits but is it ok to stop the housing benefit now?

Will the court check if we claimed housing benefits OR will it be a problem in court that we claimed housing benefits from last December 2013? As i don't think anyone can survive being jobless for over 2 years and the refusal was the home office's fault.

At the moment we claim Child tax credit and Child benefits for the kids which I learnt is ok.

Please advise me regarding the housing benefits, what should I do before going to court for the appeal?

Thank you in advance for your time.

[theprideofpak]

Hi

I have applied for FLR M in May 2012 (before the 18,600 threshold rule was put in place).
I got refused December 2013 as home office didn't see our marriage certificate for some reason and didnt bother to research or ask which made them refuse my application. but we are married and that silly mistake of them not searching is wasting my precious life time and making me sitting at home jobless and miserable for over 2 years now.

I lost my job because of this waste of time as my work which were very helpful waited for my visa renewal but unfortunately had to let me go because my visa application is pending. Thank God I had a few saving and I had to finish all that saving paying bills and rent because we weren't claiming any benefits before the refusal date.

After I got refused I was so let down as we now have 2 kids and I can't imagine leaving my family as I can't take them back home with me for security reasons.
We started claiming housing benefits in my partners name after the refusal as I have burnt all my savings (imagine leaving with no job for over a year).

I appealed the refusal and got a court date for October this year 2014, however I want to ask a few questions.
My partner currently earns about £600 a month and to be on the safe side I want to stop claiming housing benefits but is it ok to stop the housing benefit now?

Will the court check if we claimed housing benefits OR will it be a problem in court that we claimed housing benefits from last December 2013? As i don't think anyone can survive being jobless for over 2 years and the refusal was the home office's fault.

At the moment we claim Child tax credit and Child benefits for the kids which I learnt is ok.

Please advise me regarding the housing benefits, what should I do before going to court for the appeal?

Thank you in advance for your time.

I don't know much about appeals, but in my experience, in the court the only discussed will be the reasons your visa was refused. I don't think they have enough time to investigate everything again from the beginning. As you know they already tell you in the appeal that you cannot add any new evidence in the appeal. Did you send the English translation as well if your marriage certificate is not in English? On the other side, HO is suppose to ask you for anything missing from your application or if they need to investigate things deeper, which clearly case worker didn't bother with. Hopefully appeal will be in your favor.