Scottich Secured Council Housing

[Chapelle57]

Hello distinguish Ladies and Gentlemen,

I need some piece of advice about how in any way my newly secured council property can affect my 2nd renewal for FLR (FP) and subsequent settlement application leading to citizenship. I worked full time till date after I got my first FLR (FP) application approved in October 2017 for 10 year route and later changed to 5 year route in September 2019 in my 2nd application. By April 2022 I hope to apply for extension on same 5 Year route.

Because of poor housing maintenance from my current private landlord, the council has consider to offer me Scottish secured tenancy on a 2 bedroom flat (not based on homelessness or eviction issues) as my landlord for a non fixed period as my application includes my 4 year old British daughter.

I arrived the UK October 2013 - December 2015 - Tier 4 Visa
January 2015 - October 2016 - Tier 2 Visa
January 2017 - May 2017 Overstayed
May 2017 - Applied for 1st FLR (FP) - Granted October 2017
July 2019 - Applied for 2nd FLR (FP) - Granted September 2019
April 2022 - 3rd FLR (FP)

I will be very grateful if I can have your candid advice

Many Thanks

[JB007]

Immigration staff guidance for how to make decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publicati ... ds#history

From page 19
Access to social housing and homelessness assistance

People who are subject to immigration control are not eligible for local authority(or Northern Ireland Housing Executive)allocated social housing or homelessness assistance until they have obtained indefinite permission to enter or stay or specified forms of limited permission which are not subject to the NRPF condition. S118 and s119 of the Immigration and Asylum Act 1999, and s61 and Schedule 2 of the Housing (Wales) Act 2014 apply.

[JB007]

Immigration staff guidance for how to make decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publicati ... ds#history

From page 19

And from page 7.

[Chapelle57]

Thank you JB007 for shearing the latest revised link.

Does it mean that I have violated the rule if the property offered by the council is on a weekly rental charge and I have to pay all bills myself with no any assistance from the council ? Please respond if you still can.

While viewing the property yesterday, the housing officer said that the property is a secured tenancy where I can stay for the rest of my life if I am happy and there is no probational period required.

I hope I am not about to get myself in trouble thinking that it is just a cheaper rent which matches with my budget that I had proposed to the council housing assessor in my application.

PS: The property wasn't offered to me because I was homeless but maybe because I had mentioned to the housing assessor that my current privately rented property requires renovation and the landlord has not made arrangement for caring for us until the work is done.

Many thanks

[JB007]

Local Authority is the same as Council. Your local authority are your council. The link I gave was to the guidance for immigration staff as to what is considered to be Public Funds.

[JB007]

Thank you JB007 for shearing the latest revised link.

The part about not being allowed a local authority (Council) house if a person is subect to immigration control and has no recourse to public funds, has been there for a long time. This revised version on public funds takes into account that the UK has left the EU.

From the link I gave-

17 March 2021

Updated to reflect changes arising at the end of the transition period after the UK’s exit from the EU.

[JB007]

I don't know what FLR (FP) is. Do you have a partner (somebody you live with as a couple) and who is allowed to take public funds?

[Chapelle57]

Hi JB007

Flr (fp) parent of a British child. I do not live with the mother who is British and I have no recourse to public fund. I work full time but the local council decided to let me the property.

Many thanks

[JB007]

Hi JB007

Flr (fp) parent of a British child. I do not live with the mother who is British and I have no recourse to public fund. I work full time but the local council decided to let me the property.

Many thanks

As the link I gave you shows, social housing though a council is a public fund.

People who are subject to immigration control are not eligible for local authority(or Northern Ireland Housing Executive)allocated social housing or homelessness assistance until they have obtained indefinite permission to enter or stay or specified forms of limited permission which are not subject to the NRPF condition.
https://www.gov.uk/government/publicati ... ds#history

Council staff are not immigration experts.

[JB007]

From CitizensAdvice Scotland-

What you can apply for if you’re subject to immigration control for benefits and services

Don’t apply for anything included in ‘public funds’ - unless you know there’s an exception in your situation. If you do, you might be breaking the conditions of your stay (what you can and can’t do in the UK). You could be taken to court. You might be told you have to leave the UK - if you don't, you could be detained and deported.

You won’t be told if a benefit or service is included in public funds when you apply, so it’s important to check for yourself.

And

Public funds also include some other benefits, financial help and services from the government - for example:

Child Benefit
Personal Independence Payment (PIP)
housing by local authorities (known as ‘council homes’ or ‘social housing’)
help with homelessness from local authorities
social fund payments - for example, the Cold Weather Payment
https://www.citizensadvice.org.uk/scotl ... n-control/

[JB007]

From that same link - from the drop menu If ‘no public funds’ is a condition of your stay in the UK
https://www.citizensadvice.org.uk/scotl ... n-control/

You can’t usually apply for benefits and services included in public funds if it says ‘no public funds’ or ‘no recourse to public funds’ on either:

your biometric residence card
the visa (or other permission to enter the UK) in your passport

If you’re not sure, check your decision letter from the Home Office. You can also check on GOV.UK - find the visa or permission you have and check what you can and can’t do.

If you claim benefits or use services

If you apply for benefits and services included in public funds, you might be breaking the conditions of your stay (what you can and can’t do in the UK).

When you make your next immigration application, you’ll be asked if you’ve claimed public funds. You must say if either you or your partner have:

claimed or received benefits included in public funds
applied for or used services included in public funds

The Home Office can check this with the Department for Work and Pensions (DWP), HM Revenue and Customs (HMRC), Social Security Scotland and local authorities.

If you or your partner have applied for public funds you might have to pay back benefits you’ve received. If the Home Office decides you’ve broken the conditions of your stay:

you can be taken to court
your immigration application could be refused
you might be told you have to leave the UK - if you don't, you could be detained and deported
your future immigration applications could also be refused

If you’re worried about benefits you’ve claimed and how it could affect your immigration status, contact your nearest Citizens Advice.

[JB007]

Flr (fp) parent of a British child. I do not live with the mother who is British and I have no recourse to public fund.

And the child lives with their mother?

[Chapelle57]

Hi J007,

Yes the child come live with me at the weekend.

Thanks

[JB007]

Because of poor housing maintenance from my current private landlord, the council has consider to offer me Scottish secured tenancy on a 2 bedroom flat (not based on homelessness or eviction issues) as my landlord for a non fixed period as my application includes my 4 year old British daughter.

Hi J007,

Yes the child come live with me at the weekend.

Thanks

AFAIK, you should not have included your daughter in your application for a council property because she does not live with you, she lives with her mother and only sees you at weekends. It is her mother who claims public funds for her, not you, as she spends more nights with her mother and therefore is classed as living with her mother.

It sounds like your council do not know that your daughter lives with her mother?

Plus as already said, you cannot take a council property anyway as that is public funds and you are not allowed a council property public funds) with NRPF.

For your private let, where the landlord does not carry out his repairs-
https://scotland.shelter.org.uk/housing ... do_repairs

Or as you don't have children living with you, it will be easy to move to another rental: that way your landlord will have to pay the letting agents to find another tenant.

[Chapelle57]

Hi J007,

Thank you for your response.

The council gave me the property due to my application which is on a waiting list for about a Yr.

There is presently no plans in place by the private landlord to relocate me and / or Carry out the repair. I was stalked and I think the council see it as reasonable to offer me the new property under secured tenancy.

I told the council that my daughter live with her mother while I take her to mine for weekends

Many thanks

[JB007]

The council gave me the property due to my application which is on a waiting list for about a Yr.

Which you cannot take as that is a public fund, as all the links and quotes above show, and you said your visa is No Recourse to Public Funds.

[Chapelle57]

Hi J007,

Thank you for your advice

Warm regards