Indefinate leave

[rainbow24]

My husband got his visa 1 month ago from Islamabad and I would like to ask a question about public funds so that we start the next 2 years off on the right path.

I would like to ask the following questions:

1) I sponsored my husband to come here and I am currently working full time. If I lose my job within the next 2 years (I know that they are making people redundant already!), and I claim benefit, will that affect my husbands indefinate leave? He is not working at the moment as he only arrived last month, but he is trying to get a job.

2) Do I have the right to claim any benefit in my name, without this affecting my husbands indefinate leave?

3) Do I have the right to have a council house in my name without this affecting my husbands indefinate leave?

If for whatever reason, they do not give him his infefinate leave. This is just an example. What happens next, do they deport people back to their country? He has a son here.

Thankyou so much

[rainbow24]

Is anyone able to answer the questions below? I would be most grateful to anyone who can offer advice because I really need help.

[OFCHARITY]

This topic has been discussed several times, doing a keyword search might help.

Here are two examples of previous discussions

http://www.immigrationboards.com/viewtopic.php?t=22599

http://www.immigrationboards.com/viewtopic.php?t=14698

[rainbow24]

Thanks, but I am still not clear on the subject of public funds. I have done some research into this but cant find the answer to the following question.

If the sponsor loses his or her job and claims benefit, will claiming public funds affect their spouse's indefinate leave?

Also, if my husband does not get his indefinate leave (and this is just an example). What happens next? Do they deport the person back to their country or is there some kind of extention that you can apply for?

[rainbow24]

Just wanted to add to the previous message.

My husband and I are living in shared accomodation with our friend. The immigration judge accepted this and granted him the visa.

However, when it comes to applying for the ILR you are asked to provide council tax bills, gas/electric bills etc. We dont pay any rent to our friend, but we do give her money towards expenses What should we do in this situation?

[rainbow24]

Our friend is the landlord of the property and the property is in her name and so are the bills

[ClaireM]

My husband has just been refused his Entry Clearance as my spouse - he has cancer which is being controlled at the moment by the hospital here however now he is stuck in Lebanon the fact that he has had treatment at the NHS hospital here for the llast 2 years is being used against him. My solicitor has advised me that if we win the appeal and he gets his 2 years then he will not be able to go to an NHS hospital during those two years as this is public funds. I therefore imagine that claiming benefits would come under the same thing. Sorry

[vinny]

However, when it comes to applying for the ILR you are asked to provide council tax bills, gas/electric bills etc. We dont pay any rent to our friend, but we do give her money towards expenses What should we do in this situation?

Our friend is the landlord of the property and the property is in her name and so are the bills

You may provide other documents as suggested on the Form SET(M).

[rsndll]

My solicitor has advised me that if we win the appeal and he gets his 2 years then he will not be able to go to an NHS hospital during those two years as this is public funds.

I don't think NHS treatment counts as 'public funds'. My partner is Russian on a 2 year visa 'without recourse to public fund' and he is legally receiving treatment.

See this http://www.bia.homeoffice.gov.uk/siteco ... cfunds.pdf which states:

Healthcare and education also do not count as public funds – although your immigration status may affect whether you are eligible for them.

[rainbow24]

You are right. NHS has nothing to do with public funds. My husband has registered with a local doctors surgery and is allowed to receive NHS treatment on a 2 year visa.

[rainbow24]

According to the application form for indefinate leave, public funds consists of child benefit and child tax credits. I am claiming CTC as a couple. Is this going to affect my husbands application for indefinate leave?

Also it gives a list of water rates bills, gas bills etc which we need to provide. However, going back to what I mentioned before, we lived in shared accomodation with a friend. We are not paying rent and all the bills are in her name. So how can we provide the 20 documents as stated in the application form?

[John]

According to the application form for indefinate leave, public funds consists of child benefit and child tax credits. I am claiming CTC as a couple. Is this going to affect my husbands application for indefinate leave?

No, and you need to appreciate the the definition of Public Funds as quoted in rule 6 of the Immigration Rules is effectively "flexible", given that rules 6A and 6B change the definition according to personal immigration circumstances.

Also appreciate that as you are British (or otherwise settled in the UK) you are allowed to claim Public Funds. The only problem is that in accordance with rule 6A, you are not allowed to claim more benefit of things like Income Support, Housing Benefit and Council Tax Benefit, because your husband is living there with you.

But as you are claiming CTC, there must be child(ren) in the family, so effectively it is impossible for you to get more such benefits on account of your husband. And the CTC in joint names ..... quite correct .... rule 6B permits this in your circumstances.

Child Benefit? Please confirm that you are the claimant for that?

[rainbow24]

I am claiming CB in my name.

John, regarding the other part of my quesiton in relation to the 20 documents the indefinate leave application asks for. As I explained before, (sorry to repeat this again), we are living with a friend in a shared house. The judge allowed this and permitted the 2 year visa. However, when it come to the indefinate leave, it will be hard to provide bills in our names because the landlord pays all the bills and they are addressed to her. We do not pay rent because she is a friend of ours, so what do people do in these circumstances?

[John]

Just look at the full list of the permitted documents. Bank statements, insurance policies etc. etc.. Great you are thinking about this now, rather than just before the application needs to be made.

[rainbow24]

Bank statements are no problem, bills are the biggest problem. They are very specific about what they want, and I can't provide anything else other than the following

1) Statements in both names,
2)Correspondance to and from Revenue and Customs in relation to the CTC and CB
3) Proof that my husband is registered with a doctors surgery
4) Mobile phone bills in my name (that's another thing, the app form asks for telephone bills, I'm assuming they mean landline bills as I don't think mobile phone bills are acceptable)

You are right, it is good that we start planning ahead. Hubby only came over on 5th December last year so I want to make sure we do everything properly well in advance. God forbid I lose my job, or we will definately be heading for disaster! If this does happen, will it affect everything?

Any further advice/help on this topic would be appreciated because I want to make sure that we keep a record of everything for when the time comes.

[John]

No car? So no AA, RAC or similar? No life insurance? No other insurance policies at all?

Husband trying to get a job? Sounds like there may be contact with Job Centre+. Applying for NI number? An interview presumably needed to get the NI number, if only because of the Tax Credits claim. Sounds like a letter from a Government Department!

In fact I suggest, the more you look at the list of possible types of evidence, the more you are likely to have an "oh yes" moment!