DLR to ILR but seperated briefly from hubby, claimed benefit

[Firewoman]

Pls kindly hear me out and advice as paying such a huge amount for ILR Premium is not worth being refused.

I have just a month to apply for my ILR by 17th july 17/07/2017 my visa will be expired and today is 26/05/2017. I am married to a british national and shouldn't be on discretionary visa of 6 years in the first place but late application and circumstances of marriage landed me there.

That aside, in this last few month of my application, i claimed Child tax credit, child benefit and dwp income support only due to some seperation in marriage but not divorced. We still live together after a month of the fight but still claimed for like four months as i had no other source of income and support for two kids. We are back together now this month of May and still got this may benefit even after cancelling the benefit this month of may.

My worry and question are these pls?

I want to apply on premium service, do i need to declare the marriage seperated period of four months as we got back together this month may and i will apply first week in july?.Minding the fact that ny benefit showed i claimed as a lone woman? will this affect me since we've been together for years and hes been the only one working and supporting?

I recently will start a new job on the first of july as a self employed-just two weeks payslip will be available for visa application but hubby is working full time, i took it just to boost my chances....will this not raise an alarm? I am very worried.

Minding my situation, is premium service paying £2887 total best option?

I will really appreciate any helpful answer as am so worried now.

[vinny]

You should have made an application before your leave had expired! If after expiry, then within 14 days.

[Firewoman]

You should have made an application before your leave had expired! If after expiry, then within 14 days.

Hello Vinny, i believe since my residence permit has expiry date of 17/07/2017 irrespective of having completed the 6 years, i can still apply within 28 days before 17/07/2017. I planned going in on 17/06/2017 allowing time to show i have stopped benefit for a month and back with my husband for a month. Does that sound good or i am shooting myself n the foot? Gosh am getting scared now.

[vinny]

Sorry. I misread your post and thought that your leave had already expired.

Please read guidance on Public funds.

[Firewoman]

Sorry. I misread your post and thought that your leave had already expired.

Please read guidance on Public funds.

Oh ok. My worry is will just one month of being off benefit and restored marriage not raise an alarm? We have always been in good terms and i couldnt stop the benefit before now just because i didnt get his financial support but now i am starting a new job but need to apply for premium so i can get quick answer. Am just worried going for premium may make them see i just stopped benefit. The alternative is to go for normal application but i may loose the job if i have to wait for four month of no visa. Am consulting for a firm as a self emplyed.

[Firewoman]

Sorry. I misread your post and thought that your leave had already expired.

Please read guidance on Public funds.

Oh ok. My worry is will just one month of being off benefit and restored marriage not raise an alarm? We have always been in good terms and i couldnt stop the benefit before now just because i didnt get his financial support but now i am starting a new job but need to apply for premium so i can get quick answer. Am just worried going for premium may make them see i just stopped benefit. The alternative is to go for normal application but i may loose the job if i have to wait for four month of no visa. Am consulting for a firm as a self emplyed.

Vinny pls am still waiting for your response, have read the public fund attchment, am glad to know that child tax credit and child benefit aint part of public fund, although i got DWP INCOME BENEFIT too and stopped all this month. Am just worried if i should go premium or just go normal route to time to show have stopped benefit and am back with hubby or what other option should i consider pls kindly help out as i have just two weeks more.

[vinny]

First of all, did they prohibit you from recourse to Public funds? Was there an endorsement saying "No recourse to Public funds" or words to that effect?

4.3 Recourse to public funds, work and study

Those granted DL have recourse to public funds and no prohibition on work....

Else, if you have a "No recourse to Public funds" endorsement, then you may be okay because you have stopped claiming.

If it is obvious a person could maintain and accommodate themselves without continuing to claim public funds, you must not refuse their application on these grounds. For example, they may have enough money available to them from elsewhere. They must stop claiming public funds because they are not legally entitled to them.

You may need to declare your brief separation that has been resolved.

[Firewoman]

First of all, did they prohibit you from recourse to Public funds? Was there an endorsement saying "No recourse to Public funds" or words to that effect?

4.3 Recourse to public funds, work and study

Those granted DL have recourse to public funds and no prohibition on work....

Else, if you have a "No recourse to Public funds" endorsement, then you may be okay because you have stopped claiming.

If it is obvious a person could maintain and accommodate themselves without continuing to claim public funds, you must not refuse their application on these grounds. For example, they may have enough money available to them from elsewhere. They must stop claiming public funds because they are not legally entitled to them.

You may need to declare your brief separation that has been resolved.

You dont know how much you've just helped my life right now and am sure lots of silent reader will benefit from this. Thanks a bunch bro.

One more thing i need clarity on pls.

My name is not on the council tax, only hubbys name as he rented in his name alone. Am confused about calling the council to add my name when we've lived here for almost a year together as couple. The worst thing is the council tax is still in arrears as hubby is still planning to pay at once toward the end of the year bill. What should i do?

Also, i will not be able to show any payslip or income except my employer service of agreement letter to consult for their company as a self employed(am a recent graduate of consulting). I am purposely delaying this offer because i need to sort my visa first so i dont get caught up trying to work when my visa is about to expire but hubby is working and earn £33k? .

Is it okay to accept the consulting offer and state my invoice will not be paid until the end of the month but i have to submit my visa before then or should i just applied as unemployed as have always done in previous applications? (Am concerned because you quoted as long as i can prove i have sufficient fund to look after myself after benefit , i cant be refused on such grounds of claiming benefit and stopped). Cant prove that except with hubbys income.

Thanks in advance.

[Elliewifetoalbanian]

I am a little confused as you say you were separated but lived together when claiming income support as you had no support but your husband earns £33k so surely he was paying towards the bills. Income support is for single people who live alone and cannot work not for people who are unemployed or chose not to work - this would be JSA.

Also you need to make sure your husbands been paying council tax for 2 people and children at the property not declaring he is the only tenant

DWP database can be accessed in seconds on the internet and they will have all your benefit information in front of them - they will question why did you claim SINGLE benefits so I'd declare it and explain before they have chance to ask you.

[Firewoman]

I am a little confused as you say you were separated but lived together when claiming income support as you had no support but your husband earns £33k so surely he was paying towards the bills. Income support is for single people who live alone and cannot work not for people who are unemployed or chose not to work - this would be JSA.

Also you need to make sure your husbands been paying council tax for 2 people and children at the property not declaring he is the only tenant

DWP database can be accessed in seconds on the internet and they will have all your benefit information in front of them - they will question why did you claim SINGLE benefits so I'd declare it and explain before they have chance to ask you.

Thanks for the response. I wasnt getting any support from him and we werent living together when we seperated but he still retain the address as he comes to help with the kid (we didnt want them to know). It was just for five months, i still live in same address and never claimed anything else like housing or council tax because he was paying that even when we were seperated. I have young kids and could not work while studying. We are back together but because he rented the house alone as its a small space , i was never included on the council tax or rent but i pay other bills like broadband bill in the house.

I will explain as i mentioned above if thats ok but i probably will not submit the council tax bill or i call the council to add my name on it. I have other bills to show as my proof of address except the council bill.

So i actually claimed tax credit and income support as a single mum while we were seperated which i have stopped now but its just three weeks to my application.

Pls whats my best option to avoid refusal. Thanks a bunch

[Firewoman]

Can i just simply ask if its not compulsory to submit council tax as part of document since i have other bill like broadband, bank statement and phone bills. I am worried about my name not being on the council tax all the while and now calling them to add it.

[azharmahmood]

i have seen few topics where ppl just had submitted the cover letter and basic documents like passport , brp , wage slip etc. There is no need to submit bank statements or council tax as its not necessary plus there is no set pattern. just go with the basic documents and there is no need to write all your story currently you are living with your hubby n kids thats enuff. dont forget to submit their birth certificates or passports and nhs letters. NHS original letters are also a proof of address. On the form SET 0 there is a section where you need to mention the benefits you are on. Thats all

[Firewoman]

i have seen few topics where ppl just had submitted the cover letter and basic documents like passport , brp , wage slip etc. There is no need to submit bank statements or council tax as its not necessary plus there is no set pattern. just go with the basic documents and there is no need to write all your story currently you are living with your hubby n kids thats enuff. dont forget to submit their birth certificates or passports and nhs letters. NHS original letters are also a proof of address. On the form SET 0 there is a section where you need to mention the benefits you are on. Thats all

Thanks a bunch for this timely answer, i appreciate you and vinny. Will let you know outcome once i submit. Cheers!

[Firewoman]

Hello can someone confirm if unpaid ccj can cause ILR refusal? If yes, what if i just started making payment arrangement to pay it off and yet to pay the first payment before ILR application?

Are these documents ok to submit at PEO?

Msc certificate
Professional qualification
NHS card
Broadband bill
Phone bill
New consulting contract aggreement from client (no payslip yet as its a new contract)
One yr or 6 month Bank account(which is better)
Two kids birth certificate
Hubby bank statement
Hubby pay slip (are hubby;s document required as he is british?)

Should i also add tenancy agreement minding my name is not on it, only hubby;s name on it?

Thanks

[Casa]

Is your husband claiming a single person discount on the Council tax

[CR001]

Hello can someone confirm if unpaid ccj can cause ILR refusal? If yes, what if i just started making payment arrangement to pay it off and yet to pay the first payment before ILR application?

Are these documents ok to submit at PEO?

Msc certificate
Professional qualification
NHS card
Broadband bill
Phone bill
New consulting contract aggreement from client (no payslip yet as its a new contract)
One yr or 6 month Bank account(which is better)
Two kids birth certificate
Hubby bank statement
Hubby pay slip (are hubby;s document required as he is british?)

Should i also add tenancy agreement minding my name is not on it, only hubby;s name on it?

Thanks

I have moved your post to your own topic. Please keep all your questions here rather than staring new or additional questions in other topics.

[azharmahmood]

Hello can someone confirm if unpaid ccj can cause ILR refusal? If yes, what if i just started making payment arrangement to pay it off and yet to pay the first payment before ILR application?

Are these documents ok to submit at PEO?

Msc certificate
Professional qualification
NHS card
Broadband bill
Phone bill
New consulting contract aggreement from client (no payslip yet as its a new contract)
One yr or 6 month Bank account(which is better)
Two kids birth certificate
Hubby bank statement
Hubby pay slip (are hubby;s document required as he is british?)

Should i also add tenancy agreement minding my name is not on it, only hubby;s name on it?

Thanks

I wont be able to answer about CCJ question , but moderators will definitely give you the right answer however the submission of the documents is totally up to you, as I said there is no set pattern so if i were in your place then I will only submit bank statements , birth certificates , nhs cards, original nhs letters , child tax credit forms. These documents are enough to prove co-habitation and if you are married then submit your marriage certificate (not the nikah-nama , the registered one from council).

Also if you can answer the question casa asked about Single person discount on Council tax.

[Firewoman]

Hello can someone confirm if unpaid ccj can cause ILR refusal? If yes, what if i just started making payment arrangement to pay it off and yet to pay the first payment before ILR application?

Are these documents ok to submit at PEO?

Msc certificate
Professional qualification
NHS card
Broadband bill
Phone bill
New consulting contract aggreement from client (no payslip yet as its a new contract)
One yr or 6 month Bank account(which is better)
Two kids birth certificate
Hubby bank statement

Hubby pay slip (are hubby;s document required as he is british?)

Should i also add tenancy agreement minding my name is not on it, only hubby;s name on it?

Thanks

I wont be able to answer about CCJ question , but moderators will definitely give you the right answer however the submission of the documents is totally up to you, as I said there is no set pattern so if i were in your place then I will only submit bank statements , birth certificates , nhs cards, original nhs letters , child tax credit forms. These documents are enough to prove co-habitation and if you are married then submit your marriage certificate (not the nikah-nama , the registered one from council).

Also if you can answer the question casa asked about Single person discount on Council tax.

Yes i will stick to these you mentioned, CCJ has been sorted vis instalmental payment so will show them the proof. I have snooped around and realised some people didnt even submit more than three docs and they got their ILR.....I learnt its safe you dont over submit docs that will result into questioning.

Today, i received a police OFFER OF FIXED PENALTY on a driving without insurance offence(twasnt my fault though, insurance mistakenly cancelled) should i declare this in the form?....i have 28days to respond to the offer, before then i would have submitted my ILR and probably get my Bristish passport immediately.

[Casa]

You will have to declare the driving offence.

The reason I've asked about the Council tax single person discount (which you seem to choose not to answer) is due to the fact that the Case Worker will check CT payments, whether you submit the statements or not.

If the single person discount has been claimed then either the statement about living together is false, or the claim is fraudulent.

[azharmahmood]

what if the single person discount has been removed from the bill couple of months ago before the application....??

[Casa]

what if the single person discount has been removed from the bill couple of months ago before the application....??

The period where the single person discount was claimed will be on record. The problem will arise if the couple state they were living together during a time the husband was claiming the discount.

[azharmahmood]

so its 100% that they will check full records of council tax...actually it may happen that couple was not living in the same house for some reason and then they started living again when things got cool between couple after a few months and forgot to change it back...it might support the reason of having single person discount on council tax...what is your opinion on it....One more thing , does water bill has any effect on ILR...thanks

[CR001]

so its 100% that they will check full records of council tax...actually it may happen that couple was not living in the same house for some reason and then they started living again when things got cool between couple after a few months and forgot to change it back...it might support the reason of having single person discount on council tax...what is your opinion on it....One more thing , does water bill has any effect on ILR...thanks

Can you please post your questions in your own topic, it is considered rude to tag onto someone else thread and it creates confusion.

[azharmahmood]

i am really sorry and it wasn't my intention to create confusion , i was trying to get answer of the stated question about council tax thats all....my apologies

[Firewoman]

You will have to declare the driving offence.

The reason I've asked about the Council tax single person discount (which you seem to choose not to answer) is due to the fact that the Case Worker will check CT payments, whether you submit the statements or not.

If the single person discount has been claimed then either the statement about living together is false, or the claim is fraudulent.

Oh i get what you mean, i will have to tell hubby to notigy them we are two adult in the apartment before application. I thought if i dont submit council tax document they wont check. If the CT is in arrear even if we dont have any discount, will it affect application?