Housing Benefits and leave to remain

[jakfzs77]

Hi Dear ALL,

I am writing to you guys regarding to know that if we am Claiming HB can this effect my visa Extension in April 2019.

Back Ground:

My husband is British Citizen and I am on spouse visa for 30 month. we are claiming HB. I wonder can this effect my visa extension in April 2019. Any one please explain. I am aware that as British my husband can claim but not me.

We are getting HB 135 pounds every two weeks from Oct 16 till. I wonder they given us HB as Husband and wife. I am think is it ok if I call HB Office and tell them that me not eligible to claim any benefits or I shall stop claiming HB Benefits and apply on my husband name only.

I am bit confused so if anyone help me regarding that really thankful to them.


Kind Regards
Jakfzs

[Kuchiness]

Hello,

We are in the same situation but it seems there is no clear answer. I'm British and my husband is on a spouse visa. i'm claiming HB( only part of my rent) and getting a single person's rate. I guess we will only know when we apply for the next visa! If you got a convincing answer please let me know, I'll do the same

Thanks

[CR001]

Hello,

We are in the same situation but it seems there is no clear answer. I'm British and my husband is on a spouse visa. i'm claiming HB( only part of my rent) and getting a single person's rate. I guess we will only know when we apply for the next visa! If you got a convincing answer please let me know, I'll do the same

Thanks

You are claiming correctly, even though both of your salaries must have been declared and will have been taken into account to calculate what your entitlement is. You have declared your spouse to HB office??

Presumably you will meet the financial requirement for spouse visa extension (without recourse to public funds)??

[zzzindagi]

Hello,

We are in the same situation but it seems there is no clear answer. I'm British and my husband is on a spouse visa. i'm claiming HB( only part of my rent) and getting a single person's rate. I guess we will only know when we apply for the next visa! If you got a convincing answer please let me know, I'll do the same

Thanks

Hello Kushiness,

How do you know that they are paying you single person's rate. Did they mention in the decision letter? I had clearly mentioned in the application form to apply single rate as my wife is not entitled. But they mentioned in the decision letter like this :
1. Couple with person between 18 and pension.
2. Young person under 18 x2

I sent them email to ask whether they applied single rate or couple rate. After so many days when they did not respond to my email. I called them and asked, They said a letter has been sent to me. The person on phone read the letter which says that i have children as well and they calculate the Benefit for the whole family. Now you said you are paid single rate. I was just wondering if they have mentioned that in the decision letter.

Many Thanks

[Kuchiness]

Hello,

We are in the same situation but it seems there is no clear answer. I'm British and my husband is on a spouse visa. i'm claiming HB( only part of my rent) and getting a single person's rate. I guess we will only know when we apply for the next visa! If you got a convincing answer please let me know, I'll do the same

Thanks

You are claiming correctly, even though both of your salaries must have been declared and will have been taken into account to calculate what your entitlement is. You have declared your spouse to HB office??

Presumably you will meet the financial requirement for spouse visa extension (without recourse to public funds)??

Yes, I have let my council know that my husband is not eligible for public funds and they are aware that we live together. So I've made the claim alone but they wrote me back saying that my husband's name has to be on the file as he also lives in the same address. I told them as long as I'm the sole applicant of HB it should be ok. We declared both of our salaries, his salary counts as my income and I still get the single person's allowance(which is the same rate - one bedroom flat allowance). This was the case last year but I stopped claiming HB about 7 month prior to extension application as I wasn't so convinced I didn't want to take any risks. So 7 months of not claiming anything and he successfully extended his visa. Maybe I should do the same thing ( stop claiming 6-7 month prior to application) before he applies his ILR? That I'm not sure if I need to do or not.

[Kuchiness]

Hello,

We are in the same situation but it seems there is no clear answer. I'm British and my husband is on a spouse visa. i'm claiming HB( only part of my rent) and getting a single person's rate. I guess we will only know when we apply for the next visa! If you got a convincing answer please let me know, I'll do the same

Thanks

Hello Kushiness,

How do you know that they are paying you single person's rate. Did they mention in the decision letter? I had clearly mentioned in the application form to apply single rate as my wife is not entitled. But they mentioned in the decision letter like this :
1. Couple with person between 18 and pension.
2. Young person under 18 x2

I sent them email to ask whether they applied single rate or couple rate. After so many days when they did not respond to my email. I called them and asked, They said a letter has been sent to me. The person on phone read the letter which says that i have children as well and they calculate the Benefit for the whole family. Now you said you are paid single rate. I was just wondering if they have mentioned that in the decision letter.

Many Thanks

Hello and sorry for the late reply,

Actually very good question. I'm over 35 so single rate would be for one bedroom allowance. And if we applied together as a couple our rate still would be one bedroom allowance as we don't have any children. So I wouldn't be able to tell from this if I'm getting a single person's rate. But in the past temporarily I claimed JSA based on income, same borough, and I got £72 a week. They knew I was married and all that and I got the single person's rate. That's how I know.


Hope this helps