Benefits : affecting ILR? Read before starting new topic.

[laura80]

Morning to everyone here ,

you will be supprised if I admit I havnt sleep all night and soon I have to get ready for work , all because of my IRL and would the

benefits that misses she claiming would effect me , I have a spouse visa ( No recourse to public funds ) since December 2012 and Im

from Algeria , What happen was recently about a month ago we had a call from HMRC saying that my wife witch she's in pat time job

and doing around 20-25 hours per week and she recieve DLA and child benefit ( this is before I come to the UK ) , she was overpaid

and she should claim working tax credit as Join couple , we explaind to the gentalman the reason we havnt contact the HMRC its I

have No recourse to public funds i am a subject of immigration control so whats the point and we honestly believed theres no need

for it , what happen next they stop her working tax credit and they decide to not pay the overpaied because we havnt done it on

purpose , later on they send a new fourm to fill out as join couple , then the housing benefits they contact us aswell ! and they

needed to know whats the new change of my wife circumference , so she told them that her partner he is living with her , so they

stop them housing beneifts ( they was paying £31 per week to helps to order they rent so it aint a full housing benefits ) and they

send us a new fourm to fill out aswell , they ask about my incomes and three bank statement any saving how many hours I do per

week my nationality basically alot of information about me ?? then a few week later they send us a latter saying we are entitled

housing benefits and they even they gonna pay more than how much they used to be and we even entitled to council house

construction !! My wife she couldnt believed and I start to PANAIC because in my visa it says clearly NO RESCOURSE TO PUBLIC

FOUNDS !! Please help and could you tell me if what happen is it right and it won't have no effect on my IRL or I should contact them

and by the way my way she's british nationality ( Born in UK ) and all the letters we have received its on my wife NAME . Sorry it aint

gonna be boring reading all this , I just wanted to describe the situation as is and THANK YOU VERY MUCH IN ADVANCE .

[John]

laura80, are you working? If so roughly how much do you earn?

Also whilst you mention Working Tax Credit, please confirm that Child Tax Credit is being received as well.

[laura80]

Yes she does , thanks for answering john , would that effect my IRL witch I will apply in the next few month

[laura80]

My wife wages it's around £500 and I'm self employed

[John]

So you are self-employed, but roughly how much profit do you make per year? And are the Tax Credits office, and Housing Benefit office, aware of that income?

[M6J44]

John fella - are you able to answer this - Thank you - very much appreciated.

In the situation where the council insist on HB / CTB claims being registered as a couple, do immigration officials base their assessment of whether or not the sponsored spouse has caused an increase in public funds as an average figure when taken over the full course of the two year probationary period?

Or would they simply say that since there was an increase in public funds for, in our case, 8 months that that is a breach of the public funds rule regardless of whether or not the overall burden on the public purse was reduced over the entire course of the probationary period as a result of the sponsored's salary over the remaining 16 months of that period? Do they take the broad or the narrow view?

[abcd123efg]

Hi John,

i am a british national and have two girls who are british as well, my wife is from Pak on two years spouse visa, i am claiming CB, CTC, WTC and HB & Council benefits.

All on my name but my wife's name is also included in the claims, HMRC had sent a letter to me stating that claiming benefits will not affect her visa, but could you please explain if housing and council tax benefits would affect, i even have asked the council to pay me as a single/lone parent HB but they have refused and said i can either have my wife included in the claim or stop the claim.

UKBA doesnt gave me any answers either, can you please help.

[razian97]

Hi All

I am in an urgent situation and need help.

i am on tier1 general visa and my wife is on tier1 dependent visa.
my 2 month old baby boy born here in uk .he is cardiac patient and his heart condition is getting worse day by day.
I have been very busy since my son birth looking after him,my wife and my 5 year old son and also managing my job as well.I am runniny around and unable to sleep more than 2 to 3 hours from last 2 months.

as my baby condition is getting worse,NHS is proving me social worker support and Hospice proving me care for me and my family.
I havent accepted all that plan because soon I will apply for ILR.
does this social support and Hospice care comes under public funds.
will it affect my ILR application.

[John]

razian97, sorry to hear about your baby's health.

But do appreciate that the term "Public Funds" does not include any of the things you mention, so no problem you accepting that "care package". Go ahead and accept, and get all the help you need.

I hope it all works out OK.

[razian97]

Thanks john.
Your reply will help me alot and will make my family life easy.
If NHS ask me for any evidence than what document should i provide them?

[Amber]

The guidance (click).

What Country are you and your spouse Native?

[razian97]

me and my wife both are from Pakistan

[francis259]

Hello John & Amber
i have been reading the post here, i have got some questions my partner (UK citizen) is claiming benefits i am subject to immigration control and cannot claim. i have been working full time (may 2013) but she has not informed the benefit organisation about my income until (feb 2014), i would like to know whats going to happen and if this would disqualify me from ILR.
she claims:income support, housing benefit, tax benefit, child tax credit (my name is on it but she is the claimer), carers allowance, child benefit (my name is on it but she is the claimer), disability & council tax benefit.
as at today when she informed the benefit organisation some of her benefits where put on hold and some where still granted.
please can you help me with some information
thank you

[John]

francis259, roughly how much are you earning? Gross, before deductions of tax and NI.

May 2013? Is that when you moved in?

Also as regards just Child Benefit, I query what you have posted. Child Benefit is claimed by just one person. If your wife is the CB claimant your name would not be on it.

[francis259]

hello john,
i earn 1400 per month & 17,500 per year (started working full-time may 2013).
moved in 2012 (my spouse visa oct 2012) but was a student then notified the relevant authorities calculations where done as per circumstances then, started working full-time may 2013, graduated uni in jan 2014, informed the authorities about my work feb 2014 (long time) calculation where now done based on my new income my spouse (HB, Income support, council tax benefit) cut off and a recalculation have been done with respect to my new income now she is no longer entitled to any of that (HB, Income support, council tax benefit).

After recalculation she gets:
working tax credit in my name paid to her account her name referenced on the letter
child tax credit in her name paid to her account my name also is referenced on the letter
carer allowance as my step daughter has a disability
disability allowance due to my step daughter
child benefit

My application is due oct 2014, i am confused about the whole situation, about benefits and question 8.6 on the form and what to tick MOST importantly would i be refused on the ground of not informing the authorities on time as per my work, as at the time i moved in she was on benefits and no extra income was added to her benefits for me moving in, i also never have claimed any benefits.
John i need your advice !!!!!!!!!!!!!!!!!!

[bonga]

Hi
Through previous posts it has found that as slatted person I can apply for child benefit even though spouse subject to Immregnation control. Is it ok? and is it also to apply before the son MN1 registration/B. Passport?

Shall I include CB later in the FLR(m) /SET (m) section for my spouse ----"Yes and the Amount"?

Please advise

Thanks

[dan134]

Hello
can anyone help me
1. I and my two kids are British passport holder and claiming child tax credit and child benefit,
My wife is on ILR dependent visa granted on April 2012 in India and expires July 2014 as per my knowledge it doesn't effect her ILR
but on child tax credit letter from HMRC appears both of us names ( on her visa says " No Recourse to public funds") does it effects her ILR
2. Do i need to show maintenance funds for last 3 months, if it is how much i have to maintain for couple & two kids
the only problem is i earn £1525 per month net ( £365 child tax credit and £134 child benefit) after paying all bills, rent, council tax and personnel expenses balance will be £300 to £400 end of the month

3. She came to UK in September 2012 ( Visa issued from 10th April 2012 to 10/07/2014), according rules 28 days before i have apply which is 10/08/2014, if i apply before 10/07/2014 by post do UKBA refused her application

Regards
Dan

[amber_alvi]

Hi,

I am writing to ask for an immigration question, I myself am a British citizen, my spouse is a Pakistani citizen, now I that I have sponsored my husband, he is on spouse visa for 30 months and we would have to reapply after the first 30 months for extension completing 60 months all together. Finally after 60 months we would have to apply for my husband's indefinite for UK.

Now that I am not working due to pregnancy, I would like to get advise whether I am eligible to apply for housing benefit for myself and my child due very soon as I can no longer stay at my parent's house. Would my husband be allowed to live with me if I apply for housing benefits while he is working full time and earning more than £19000 per annum.

will this effect on his visa extension in future?

I caught the sentence below from UKBA's letter after my husband's spouse visa got accepted but I do not understand whether I am allowed to apply for housing benefits for myself and my child, my husband is willing to pay his rent:

Under the Immigration rules you are not entitled to receive public funds to help meet your living costs (or those of any dependent)‎. In addition your SPONSOR is not entitled to claim or receive public funds on your BEHALF.

Also on www.lawcentreni.org website I caught a paragraph which has confused me:

There is no objection to the UK resident sponsor claiming any benefits to which s/he is entitled, as it is additional recourse to public funds that the rules aim to avoid. Payment to the sponsor is not treated as reliance on public funds unless the level of payment ‘is (or would be) entitled to’ be increased by the arrival of the applicant.

The sponsor should be able to demonstrate on her/his own finances that the family will have means above the level at which the non-contributory, ’safety net’ benefits, Income Support and Income based Jobseeker’s Allowance would be paid. Where the sponsor is unable to maintain the family adequately from her/his own resources, S/he may be able to rely on the offer of a job for the applicant. This is often particularly relevant where a husband is being sponsored for entry and the wife has care of young children, or where the sponsor is unable to work on health grounds. All cases where maintenance is in issue require careful preparation of the evidence. This will involve calculations of the income and principal expenses of the household, and a comparison with the levels of benefit payments.

The Immigration Rules therefore require that both the sponsor and applicant for the visa will be able to demonstrate with sufficient original documentary evidence that they have enough money and adequate housing for themselves, without any additional recourse to public funds for the non-UK spouse/ civil partner/ partner. However, please note that there are certain very specific exceptions to this rule and further specialist advice should be sought.

Therefore, because the Immigration Rules only prohibit any ‘additional’ recourse to public funds for the non-settled spouse/civil partner/partner, the sponsor in the UK can still apply for benefits for themselves, if relevant.



We do not wish to make any mistakes so please could you help me answer my question as I am in desperate need of help, whether I am eligible to apply for housing benefits or not for myself and my child while my husband can pay his rent separately or am I not?



Kind Regards



Amber Alvi

[Jack_Max]

firstly i appologize for not being able to write in a good formate like a proper article. Therefore, I beg your patience to read the followings:
this is a sunny warm afternoon in June 2014. I will apply for ILR in February 2015. please consider our conditions below.
-I am 26 years old, do work part-time and earn £656.24 gross monthly and a Bangladeshi citizen possessing UK spouce visa.
-My wife is 24 year, a british citizen, currently unemployed, and she DOES NOT get any other allowance like job seeker etc.
- we dont get any other allowance jointly as well like tax credit etc.
- we dont have kids.
-no savings

However, Local housing Association allowance in my area is: £245 per week (for couple - 1 bedroom house/flat) and £96 per week (single person - for shared accommodation rate).

I would like to add that, we live with parents currently, and we are planning to move in a 1 bedroom flat where the rent will be around £1200 per month.

In fact, if my wife applies as a single applicant she will get maximum (may be less than) £96 per week. In other case, if she applies as a couple being my wife she will get maximum (may be less than) £245 per week.

In these circumstances stated above....My question is:
If she apply housing benefit for a couple (me and her) to live in a 1 bedroom house to get LHA rate for couple (£245 per week here) - WILL IT AFFECT MY ILR APPLICATION as I am not eligible to get access to public funds?

I would be glad if you reply me as soon as possible.
Thank you ver much
Jack

[Jack_Max]

I had no option but to claim benifits JSA, housing benifit and child tax credit.
I claimed these in my name only

I hope you didn't claim Tax Credits in your name only! It is a requirement, in respect of a couple living together, that any Tax Credits claim must be in joint names.

In the Immigration Rules, Rule 6 includes a definition of Public Funds. But immediately following are Rules 6A and 6B, and they are rather important to understand the benefits situation.

In respect of JSA it is even more complicated, given that there are two types of JSA ... contribution-based and income-based. Which did you claim? If it was income-based, and the following also applies to Housing Benefit and Council Tax Benefit, Rule 6A says you cannot claim more benefit because your wife is living with you, and you confirm that to be the case. If it was contribution-based JSA, then that is not within the definition of Public Funds, so absolutely no problem you claiming whatever amount, including increase for your wife.

Tax Credits! Absolutely no problem you and your wife submitting joint claims for Tax Credits, either in the past or now. The legislation .... reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by Rule 6B of the Immigration Rules .... states that where one of the couple is a person subject to immigration control (your wife) and the other of the couple is not (you) then for Tax Credits purposes only both are treated as not subject to immigration control .... and thus Tax Credits claims are totally OK, and for such a couple technically Tax Credits are not within the definition of Public Funds.

You do not mention Child Benefit. Is CB being claimed? You (and certainly not your wife) is totally OK to claim CB, and if a claim has not been submitted then it should be submitted without delay.

dear john,

you mentioned that we should do same if we apply housing benefit and income based jsa. Then you talked about Income based jsa. you did not specify about HB here.

what should i say to the council if my wife wants to apply housing benefit at a shared accom rate like a single person. They wil say you r married, so apply as a couple. if she applys as a single applicant, does it mean we do not live together? or do i hav to give my income details even though she applies HB as a single applicant to get it at a shared accom rate?

thanks
your brother
Jack

[Jack_Max]

john your little words can remove our tenshion. waiting for reply for above posts. thanks.

[shoji147]

I dont have a question yet but I must admit that john here in this forum is doing such a great job helping us all. The time u take to investigate matters for people is unbrlievable in this day n age mate. Honestly hats off to you john. People like u n ur team here at this website deserves all the applause they get . God bless u all....

[hallamking]

I'm enquiring about the naturalisation application (AN) where one of the criteria under section 3 of good character is referring to NI contribution affairs in order.

"Among the duties and obligations which you are expected to fulfil is payment of income tax and National Insurance contributions. We may ask H.M. Revenue & Customs for confirmation that your tax and National Insurance affairs are in order. When you sign the application form you will be giving your consent for us to approach them"

My question is what if someone not working in the qualifying period of 12 months will that effect his/her naturalisation application as they would not be paying any national insurance contribution.

And what if they claiming JSA (contribution based) will that have any impact on his/her naturalisation application.

In my case I've been granted ILR and made redundant and claiming JSA (contribution based), since then I'm looking to return to work or go self-employed but not sure how long it can take to find the suitable opportunity. Don't know weather it would effect my naturalisation application in anyway.

Can I just also confirm if claiming JSA (contribution Based), as I'm entitle to claim on ILR and also based on my previous employment as I've paid enough class 1 NI and been told by job center plus that I can claim JSA (contribution Based) for maximum of 6 months as when it runs out and if still unemployed during that period then I'll be entitle to Income Support.

The main thing that concerns me is during that 12 months period if you haven't had much contribution towards your NI records and claiming JSA (contribution Based), Hence getting your NI paid back to you and further claiming Income support if you still unemployed for that period will that impact my naturalisation application in anyway.

I'm also claiming child tax benefit as a single claimant & tax credits as a joint claim as my spouse has been granted ILR as well.

As I'm in receive of JSA (contribution based) and informed by job centre plus that I further qualify for housing and council tax benefit. So I've made a claim for that as well.

Can you claim Income Support if u still unemployed and claiming JSA (contribution based) 'or' when it runs out after 6 moths.

And in the form under section 3 good character requirement it's asking about you occupation, so what would be the best ans we need to put in, if still unemployed.

If someone could please revert back to me will be highly appreciated.

Thanks

[John]

hallamking, none of that is a problem. With ILR you are entitled to claim whatever benefits your circumstances dictate you are entitled to.

As regards "if someone not working in the qualifying period of 12 months will that effect his/her naturalisation application as they would not be paying any national insurance contribution", simply, no income = income NI contributions due = no problem when applying for Naturalisation.

At the extreme, and not your circumstance, if someone comes to the UK and has been, for example, a housewife (or househusband) all the time they have been in the UK, and thus have never earned a penny in the UK, nor paid any tax or NI contributions ...... still not a problem when applying for Naturalisation.

[hallamking]

Thanks for your reply John much appreciated, it's just going around my head and I was worrying too much but you have put my mind at ease.

Take care.

Hallamking