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ILR Dos and Donts(Benefit)

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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rella5
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ILR Dos and Donts(Benefit)

Post by rella5 » Wed Jun 10, 2015 2:51 pm

Hello guys,

Could anyone with good info on how a council accomodation and council tax reduction can affect ILR application please shed some light on this issue .

I am a dependant due for ILR. My wife just turned British. We used to live together in a rented private apartment until last yr july when she applied for a council accomodation. We still live together though but my work is in London and she is in Hampshire so I go home during time off. Council is aware and a counil tax reduction is in place for her.

I am renting another apartment in london but all my correspondence goes to her address. Our combined salary is more than £25k.

Would the coucil accomodation and reduction count as benefit to her? Will this affect me since we should proof we can survive without recourse to public funds??

What about the £20/week child benefit..will this affect us?

I will get a letter from my house agent plus agreement to proof my residence somewhere so this could cover reason why she is being given a council tax reduction.

Will appreciate your help here thanks.

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Casa
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Re: ILR Dos and Donts(Benefit)

Post by Casa » Wed Jun 10, 2015 3:28 pm

In order for a SET(M) application to succeed it is mandatory to prove that you are living together. You may have 'shot yourselves in the foot' by claiming single adult reduction on council tax. Your wife has stated officially that she is living alone in the property and the Council tax record will show that.
(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.

rella5
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Posts: 52
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Re: ILR Dos and Donts(Benefit)

Post by rella5 » Wed Jun 10, 2015 3:41 pm

I have more than enough evidence that we are living together..My other house is for convenience of work. And if I am not staying up to 10 days with my wife in any given month the council allows reduction..

rella5
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Re: ILR Dos and Donts(Benefit)

Post by rella5 » Wed Jun 10, 2015 3:43 pm

Thanks for your reply..My wife never claimed she was single..she was given a reduction based on my situation.

Wanderer
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Re: ILR Dos and Donts(Benefit)

Post by Wanderer » Wed Jun 10, 2015 4:15 pm

I agree with Casa, this has 'wrong' all over it....
An chéad stad eile Stáisiún Uí Chonghaile....

mr_mar
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Re: ILR Dos and Donts(Benefit)

Post by mr_mar » Wed Jun 10, 2015 5:06 pm

The ILR is only for one. Your wife is British and she can claim benefits the way she wants.
If she was the dependant applying with you that will be a different story.

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Casa
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Re: ILR Dos and Donts(Benefit)

Post by Casa » Wed Jun 10, 2015 5:47 pm

Staying with your wife for less than 10 days in a month may not be considered as 'continued co-habitation' by the case worker. How do you keep a record of your visits that you can submit with your 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.

rella5
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Re: ILR Dos and Donts(Benefit)

Post by rella5 » Wed Jun 10, 2015 6:16 pm

Casa wrote:Staying with your wife for less than 10 days in a month may not be considered as 'continued co-habitation' by the case worker. How do you keep a record of your visits that you can submit with your application?
Thanks Casa.

***Can my travel tickets, proof of holidays together(pictures and entry and exit stamp to places) proof a point?
***Letter from my daughters school
***What else??

rella5
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Re: ILR Dos and Donts(Benefit)

Post by rella5 » Wed Jun 10, 2015 6:18 pm

mr_mar wrote:The ILR is only for one. Your wife is British and she can claim benefits the way she wants.
If she was the dependant applying with you that will be a different story.
Thanks..
This is my feeling..but needs to be so sure before I get caught..

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Casa
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Re: ILR Dos and Donts(Benefit)

Post by Casa » Wed Jun 10, 2015 6:27 pm

rella5 wrote:
mr_mar wrote:The ILR is only for one. Your wife is British and she can claim benefits the way she wants.
If she was the dependant applying with you that will be a different story.
Thanks..
This is my feeling..but needs to be so sure before I get caught..
Your wife and child are entitled to Council accommodation, as long as it was allocated for a mother and child, not as a couple and child. Your wife can claim child benefit in her name.

How often do you travel to visit your wife with tickets to substantiate the visits? Your daughter's school letter won't prove that you live with your wife and neither will holidays spent together. The problem you have (apart from the discounted Council tax) is that Case Workers frequently see applications from couples who are separated but visit occasionally to spend time with their child or children.
(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.

rella5
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Posts: 52
Joined: Sat Mar 21, 2015 12:47 am

Re: ILR Dos and Donts(Benefit)

Post by rella5 » Wed Jun 10, 2015 7:29 pm

Casa wrote:
rella5 wrote:
mr_mar wrote:The ILR is only for one. Your wife is British and she can claim benefits the way she wants.
If she was the dependant applying with you that will be a different story.
Thanks..
This is my feeling..but needs to be so sure before I get caught..
Your wife and child are entitled to Council accommodation, as long as it was allocated for a mother and child, not as a couple and child. Your wife can claim child benefit in her name.

How often do you travel to visit your wife with tickets to substantiate the visits? Your daughter's school letter won't prove that you live with your wife and neither will holidays spent together. The problem you have (apart from the discounted Council tax) is that Case Workers frequently see applications from couples who are separated but visit occasionally to spend time with their child or children.
I go home almost every week.I can request my travel journey from national express to prove this if Nat Exp can produce this..

We lived together at same address(private property) for 1 yr and apart for a year.

rella5
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Re: ILR Dos and Donts(Benefit)

Post by rella5 » Thu Jun 11, 2015 3:37 pm

Thank you all for your contribution.

I have managed to find some travel tickets to and from home..

Guess this would suffice.

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