Anyone with knowledge on ILR?

[rainbow24]

Hi there,

I really need some help with regards to the ILR application form. I currently have 1 son who is 17months and I am due to have my 2nd child in December this year. My husband came from Pakistan in Dec last year on the 2 year spousal visa. (I am British born and bred).

We are currently living in shared accomodation, however, because of the second child coming, we need our own place, so we have to rent privately. We can't afford the rent/council tax because although my salary is £17,500 which isn't too bad, my husband is working at McDonalds and his hours vary week by week, and he doesnt earn alot. We will need to get housing benefit or some sort of discount to help us with the rent/council tax.

The question is, is this going to affect his ILR when he comes to apply for it next year? We want to start off on the right path and not make mistakes. I am not even sure if I can apply for council housing. I have spoken to 3 solicitors who are giving me different advice; the 1st is saying that it wont affect the ILR if the council property/housing benefit is in my name. The 2nd solicitor is saying that it WILL affect the ILR, and the 3rd hasn't got a clue.

Please can someone clarify this issue about council housing and housing benefit and whether it affects the ILR.


Thankyou

[SHAFFI]

Hi,

One of the "fundemental" conditions of the 2 year spouse visa was that there is "no recourse to any public funds" infact this is something you pledged to abide by when you originally applied for the spouse visa.

After the 2 year qualifying period when you are ready for ILR, any benefit etc will have serious negative effects in being granted the ILR.

So my advice to you is DO NOT......get any benefits/government handouts ...you risk the failure of your husband being granted ILR.

[Wanderer]

You are entitled to HB/CTB etc but no extra due to ur husband.

[rainbow24]

Ok I seem to be receiving conflicting messages here. Has anyone received coucil housing/housing benefit and been granted the ILR?

I am so confused with the rules.

[Sushil-ACCA]

If you have internally made yr mind than there is a very few chance to get help on this

so long as no rcourse to public fund means no money or benfits
otherwise all will break conditions and liability to govt

[adviceseeker]

Hi Rainbow I just had my ILR last month. To be honest it doestn affect you claiming any benefits as its your entitlement as a british. On our situation we live on a council house for nearly 2 years now. Last year my husband is been ill, my husband is born british. At first he is claiming SSF but because its not enough and we cant pay the rent and some other bills he decided to claim housing benefit, council tax and even income support, then change to JSA. Its all in his name as I am not entitled to, the Jobcentre plus knows about it as well when he has his interview. My husband is claiming this benefits for nearly a year, and got back to work just 4 months before I apply my ILR

Its alright to claim such benefit as long as its all in your name and make sure when you apply this certain benefit let them know that youre married but your husband is not allowed to claim jointly as he is under immigration as no recourse to public funds.

[adviceseeker]

One thing as well, as long as youre still not claiming any of that benefits the time you apply for his ILR it should be alright.

[rainbow24]

So am I right in saying (according to the last message) that if I claim housing benefit in my name and then cancel it a few months before I apply for his ILR, it should be ok?

Something isn't right here, because the application form asks if the applicant or his partner has CLAIMED any benefits (including Housing Benefit) in the last 2 years. So I don't want to go ahead and claim HB and then lie and say that I never claimed this. I know it is my 'British Right/Entitlement but why does it ask if 'I' have ever claimed this? Correct me if I'm wrong, but why ask if they are not going to take this into account.

[adviceseeker]

Rainbow which part of the application forms it says that (if the applicant or his partner has CLAIMED any benefits (including Housing Benefit) in the last 2 years)?

It only ask if you're claiming public funds the time of the application. I cant see any reason why you're not allowed to to claim it as it is your right as a citizen in this country.

[rainbow24]

I am very sure it does say this, can anyone do a quick check. I'm sure I read this on the application form.

[adviceseeker]

Just like I said I just got my ILR last 22/04/08 and i didnt come accross on that. I will have a look if there is. Maybe I miss it.

[adviceseeker]

Rainbow24 I just looking now the new application form and it doest say if your claiming bebefits for the past 2 years. Maybe you read the other parts of the evidence that says
(We need 20 letters or other documents addressed to you jointly or in both your names.
If you do not have enough
items in your joint names, you may also provide items addressed to each of you individually if they show the same address for
both of you.
Examples of acceptable letters and documents are listed below. They must be originals.
The dates of the letters or documents should spread over the whole 2 years. They should be from at least 5 different sources.

Please give an explanation on a separate sheet if you cannot provide 20 items; if the documents are not addressed to both
of you; or if they do not cover the 2-year period.
If you and your partner lived with relatives or friends for some or all of the
two-year period, please provide a letter from the relative(s) and/or friend(s) confirming this.

If you did not live together for any of the 2-year period, tell us the reasons for this and whether you stayed in contact with
each other during this time, and provide any relevant supporting evidence.
Hope it enlighten your mind.

[adviceseeker]

In the new application form they make it clear properly organized the kinds of public funds and whos claiming it, either you or your partner.

During your application just thick the kind of public funds your claiming by the time of application. If you're not claiming any housing benefits during that time then you dont need to thick anything, just relax they wont bite anyway. They only after the if you're really are still living together. And to show that kept all the leters that come into your door coz thats what I did.. Oh one more thing the reason why my husbabd claimed benefit when his on sick coz I cant work due to have 2 small kids below 2 yrs old.

[rainbow24]

Ok just read it properly.

It says 'Are you or your partner in receipt of public funds' By this we mean housing benefit etc etc etc. I am worried to tick yes for myself because I am worried as to the affect it will have on his ILR. We intend to claim HB for the whole of the 2 year period. Also, I am overdrawn in my account, do I have to show my bank statements for 2 years or can it be the last 3 months?

[Frontier Mole]

Ok just read it properly.

It says 'Are you or your partner in receipt of public funds' By this we mean housing benefit etc etc etc. I am worried to tick yes for myself because I am worried as to the affect it will have on his ILR. We intend to claim HB for the whole of the 2 year period. Also, I am overdrawn in my account, do I have to show my bank statements for 2 years or can it be the last 3 months?

If your housing is overcrowded you have to consider this as your first priority. HB is not going to kill off ILR, not under the present policy. If it is claimed in your own right and you make it clear to the council that you are the sole reciepent. Your husbands income will be taken into consideration in the HB assessment so he is reducing your claim in effect.

Bank statements only the three months prior to application date required.

I know planning in advance is good but fitting your life around an ILR application in 18 months time is not a the best way to live your life.

[SHAFFI]

rainbow..i have to repeat that claiming benefits is "recourse to public funds" what your situation means is that you are struggling to support your husband & family during the 2 years spouse visa......and need to depend on government handouts!!

This makes your case weak and can really create a stumbling block on your ILR.

Think about it, what the government is saying is that yes you can invite your spouses here to this country, to share their lives with you BUT only if you can prove you dont need to rely on US!!

so when filling in the form in circa 2 years you will be putting the ILR in jeapordy by ticking the box!!

good luck!!