ILR - 180 Day Absence Rule and Working Tax Credits

[Angelus786]

Hi everyone,

Apologies if these questions ar silly or in the wrong place, this is my first post so please be gentle.

My wife is due to apply for her ILR in March (second 2.5 year visa expires under spouse route), and I had 2 questions:

1. Is the rolling 12 month 180 day absence route calculated from the day we apply for ILR?

2. I had to apply for Working Tax Credits about a year ago and ticked the box saying that she is subject to immigration control and they still gave her the second adult entitlement, will this effect her application? When I contacted WTC they said that as long as she has a NI number she is entitled, I'm not sure if the Home office will feel the same way though,

Your advice is greatly appreciated. Thank you.

[CR001]

1. There is NO absence limit for a spouse settlement visa holder.

2. Fine to claim tax credits in joint names.

[Angelus786]

Thanks CR001.

The claim is in both of our names but she isn't entitled to public funds, they are still giving her the second adult suppliment. When I called them they said that because she has an NI number she can have it. I don't want to give them a reason to refuse her application and really don't know what to do.

[CR001]

Joint claim for tax credits is allowed.

[Angelus786]

Even with the second adult supplement?

[SAMISPOUSAL]

i am not sure about this ...
I think the rules are you can claim certain benefits only FOR YOURSELF ONLY ...there is a list of benefits that tells you which benefits fall under no recourse to public funds... sorry i dont have that link ...

do please keep this updated as it will affect a lot of people.

good luck

[SAMISPOUSAL]

working tax IS A public fund
please have a look here and confirm..

https://www.gov.uk/government/publicati ... blic-funds

[CR001]

working tax IS A public fund
please have a look here and confirm..

https://www.gov.uk/government/publicati ... blic-funds

Please do not give incorrect advice. For immigration purposes, ie British/ILR spouse and spouse visa holder, tax credits is NOT considered as such and MUST be claimed in JOINT names with no effect on visa applications.

Please see page 18 and 19 in the Public Fund Guidance link below.

https://assets.publishing.service.gov.u ... _v13.0.pdf

[SAMISPOUSAL]

sorry i misunderstood i got it incorrect. i do not give any ADVICE .and no malice intended.. this is a discussion forum... immigration is a subject full of in finite rules and exceptions and mountains of information with so many conflicting information.
i also did say

i am not sure about this ...

[Angelus786]

Also buddy,

Do any absences need to be taken off the continuous period? For example, if she is here on the 5 year route and is away for 6 months during that time, will she need to wait 5years and 6 months before applying for ILR?

Thank you

[CR001]

Also buddy,

Do any absences need to be taken off the continuous period? For example, if she is here on the 5 year route and is away for 6 months during that time, will she need to wait 5years and 6 months before applying for ILR?

Thank you

The absence limit of 180 days does NOT apply to spouse Settlment visa holders as already advise. You are reading about point based system dependents visas.

Also kindly do not post links to immigration solicitors websites.

1. There is NO absence limit for a spouse settlement visa holder.

[Angelus786]

Apologies if this has already been discussed.

1. When uploading documents, should they be scanned as individual files?

2. What format should they be in (PDF?)?

3. As a sponsor, I have been issued with a new passport, should I scan all of the pages of my empty passport? Do I need to scan my old passport too?

4, Should the 6 documents required for proof of co-habitation be from 6 different sources? Can we have 2 from our joint Lloyds Bank account, 2 from our joint Tesco account and 2 for each in individual names?

Thank you