ILR and Public Funds

MrHaque · Post by **MrHaque** » Mon Jul 28, 2008 10:40 pm

Hello

I am a Bangladeshi citizen. I came to the UK in Feb this year on a spouse visa. This visa is based on "no recourse to public funds".

I hope to apply for ILR in 2010.

We are receiving Child Tax Credits, Working Tax Credits (I work 54 hours per week) and Child Benefit. Our son is 7 months old and this was not mentioned in our settlement visa application.

My question is, are these benefits considered to be "public funds? and is it going to be problematic that we did not mention that my wife was pregnant when we applied for the first visa in Dec 2007?

Any info about where I can go to get specialist advice would be much appreciated.

We are aware that we need to gather a minimum of 20 documents in both of our names to show our joint commitements etc.

Just v concerned about the recourse to public funds matter...

Thanks for any help and information.

Post by **vinny** » Tue Jul 29, 2008 1:05 am

If your spouse is British or otherwise settled in the UK, then see also ILR eligibility while receiving benefits.

parvus1202 · Post by **parvus1202** » Tue Jul 29, 2008 11:39 am

You did not mention if your spouse is a British national or ILR holder. If she is British, then it is right to get tax credits and child benifits. If both of you are non British and non ILR holder, then if you apply for ILR, you will be denied and you need to pay all the money that was given to you, and then you can re-apply for ILR.

MrHaque · Post by **MrHaque** » Tue Jul 29, 2008 4:28 pm

Thank you both for your replies.

Yes, my wife is a British citizen. Thanks for the link will check it out..

Is is a problematic that we did not mention the pregnancy when applying for my settlement visa? There is no sinister reason why we didnt reveal this news we just thouht it would be easier to apply without mentioning the pregnancy?

Post by **Casa** » Tue Jul 29, 2008 5:10 pm

Don't forget the Life in the Uk test. Hopefully you already have this.

impactcrew · Post by **impactcrew** » Wed Jul 30, 2008 3:47 pm

I am pretty sure that working tax credits qualifies as recourse to public funds but Child Tax Credits and Child Benefit are not. U might want to check out the working tax credit though.

The fact she was pregnant when you applied will only matter if on the form there was a section asking you whether she was pregnant at the time of your application. If there was no section to mention this then I would not be too bothered about that.

Just make sure you submit your childs bith certificate and documentary evidence as requested.

MrHaque · Post by **MrHaque** » Wed Jul 30, 2008 4:52 pm

Hi

Thanks for your advice.

Its the WTC that im also concerned about, as we are both in receipt of it. As ive mentioned Mrs is British but I am not.

At the time of application my wife was 37 weeks pregnant so under "dependents" we filled in "o".

I will have to look back on the settlement visa application to see if there was a section which specifically asked about "pregnancy" related issues.

Thanks

Post by **John** » Wed Jul 30, 2008 8:07 pm

We are receiving Child Tax Credits, Working Tax Credits (I work 54 hours per week) and Child Benefit. Our son is 7 months old and this was not mentioned in our settlement visa application.

None of those benefits is a problem to you, in view of :-

my wife is a British citizen

Rule 6B of the Immigration Rules comes to your rescue :-

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

And indeed there are regulations ... Statutory Instruments .... made under the sections quoted that permit someone in your circumstances to claim all of the benefits mentioned by you, so for you .... "A person shall not be regarded as having recourse to public funds ....".

MrHaque · Post by **MrHaque** » Thu Jul 31, 2008 2:27 pm

John,

Thanks for the information, feel relieved now!

Any advice re: pregnancy matter?

Thanks

Post by **John** » Thu Jul 31, 2008 2:59 pm

is it going to be problematic that we did not mention that my wife was pregnant when we applied for the first visa in Dec 2007?

There is no question on the visa application form about that. Accordingly you have not supplied false information, so the pregnancy cannot have any detrimental effect on you. Indeed the reverse, it is rather good proof that your marriage is not a "marriage of convenience"!

MrHaque · Post by **MrHaque** » Thu Jul 31, 2008 4:47 pm

That really is great news!

We wont be applying for my ILR until 2010 but, we just want to make sure that we are as prepared and as organised as possible so thats its not all one mad rush come the time.

We would also appreciate any advice re documents we need to collate.

At the moment, we have things like bank statements (x2) in both of our names, PO savings account and erm thats about it, most things we have collected so far are individual and not joint.

Any advice ?

Thanks a lot.

Post by **John** » Thu Jul 31, 2008 7:41 pm

Any advice ?

Don't worry about things being in joint names. That is, if they are, fine, but if not, don't worry.

When my own wife applied for her ILR in 2002, absolutely nothing was in joint names. But not a problem .... we had more than enough documents addressed to each of us. Indeed we had the correct number of documents in the "evidence folder", and reserves in my pocket if they were needed, which they were not.

But those were the days back in 2002 ... applying in person at a PEO ... Solihull .... no appointment system, just get there very early .... no fee to pay ..... just a wait until you were seen and the visa was in the passport. For us about 5 hours from starting to queue outside to walking out with visa!

MrHaque · Post by **MrHaque** » Fri Aug 01, 2008 10:24 am

That's useful to know as we were wondering how on earth are we going to get 20+ documents in our joint names?!

Already got our "evidence folder" ready with a few documents and just adding to it as and when we receive stuff. Feel like i am back at Uni preparing for a major study!

Im sure things will have changed somewhat by 2010.

THANKS for your useful advice and comments, appreciated

and congrats on your wife obtaining her ILR.

Post by **John** » Fri Aug 01, 2008 10:36 am

congrats on your wife obtaining her ILR

Not just her ILR, but Naturalisation as well, in 2004. Application for that posted 3 years 1 day after she arrived in the UK .... application agreed after just 5 weeks .... a week or so wait for the Citizenship Ceremony .... she was actually a British Citizen within 38 months of first arriving in the UK.

Application posted? Yes, this was in pre-NCS days.

MrHaque · Post by **MrHaque** » Fri Aug 01, 2008 2:36 pm

That is great stuff John

im happy for you, well done!

Gives me and the Mrs hope.

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