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Benefits for a British Husband and Non British Wife

Questions and discussions about claiming benefits while living and working in the UK

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

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ilrupdates
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Benefits for a British Husband and Non British Wife

Post by ilrupdates » Tue Aug 25, 2015 4:17 pm

Hi there,
I would really appreciate if some one can clarify some of my doubts please.
I am a British National and have got little girl who is British also by birth. My wife came from Pakistan on spouse visa which will expire in 2017 and she would apply for the extension of her visa in 2017. she has NOT got ILR and is still Pakistani National , so I am confused that If I claim benefits like Housing benefit, Child tax Credit etc., will it be considered as "recourse to public funds" at the time of my wife's Visa Extension time?

I just want to confirm that my wife would not have any problem for her visa extension because of my these benefits claims as she is NOT ENTITLED FOR BENEFITS YET until she gets her permanent stay in the UK.
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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CR001
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Re: Benefits for a British Husband and Non British Wife

Post by CR001 » Tue Aug 25, 2015 8:43 pm

You can claim child benefit in YOUR name ONLY.

You MUST claim child tax credits in JOINT names with your wife (this is allowed)

Housing benefit, you need to mention her but she won't be added in the calculation etc and you will likely only receive the single person + child rate (if your earnings are low enough). You need to make it VERY clear to the council that she is subject to immigration control.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ilrupdates
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Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Benefits for a British Husband and Non British Wife

Post by ilrupdates » Wed Aug 26, 2015 11:21 am

Thank you very much CROO1 for your nice and detailed reply.

So when I fill the form for child benefit, I must skip wife's details and put only mine? I'm presuming that if I do this way, then the child benefit will be ONLY in my name. Am I right please?

And when I rang council they asked me to calculate and send form online. While doing so, I mentioned in calculator that wife is under immigration control and I hope it will skip her from from housing benefit claim?

Thanks once again
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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CR001
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Re: Benefits for a British Husband and Non British Wife

Post by CR001 » Wed Aug 26, 2015 1:42 pm

You need to complete the details that the form asks for (child benefit). But you are the main applicant.

HB - yes should be ok.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ilrupdates
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Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Good and Bad Benefits

Post by ilrupdates » Fri Aug 28, 2015 10:09 am

I had some rumours about claiming housing benefit. someone told me that even if you are eligible for housing benefit, you should avoid it (but I don't know why should someone avoid HB even if eligible)
the person who told me this story said that you would be okay to claim Child benefit and child tax credit as long as you are eligible as these two benefits do NOT leave any feedback on one's credit history, and try to avoid the HB because that is considered major benefit. I disagreed with him as when its a benefit its a benefit, no minor or major things. He probably wanted to explain that HB even for working personal (and eligible for HB) puts negative feedback oh his/her credit history etc so such person who is on low income can avail CTC and CB but must avoid HB

Please could some one through some light on this rumour.
Thanks
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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CR001
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Re: Benefits for a British Husband and Non British Wife

Post by CR001 » Fri Aug 28, 2015 10:36 am

Benefits have nothing to do with credit history!

You can claim if YOU are entitled (i.e. ILR holder/British Citizen).
by CR001 » Tue Aug 25, 2015 8:43 pm

You can claim child benefit in YOUR name ONLY.

You MUST claim child tax credits in JOINT names with your wife (this is allowed)

Housing benefit, you need to mention her but she won't be added in the calculation etc and you will likely only receive the single person + child rate (if your earnings are low enough). You need to make it VERY clear to the council that she is subject to immigration control.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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