Wife on spouse visa 7 months in. my salary £730 pm. Pregnan

[shehzad.khan]

Hi everyone,

Done alot of reading on the forum in regards to benefits and would first like to thank everyone for their help.

My wife has coe over from Pakistan on April 8th 2009 on a 2 year spouse visa.

When I applied for her visa i was in full time employemtand clearing around 800 pcm. Since sept 09 I have been working Parttime (25 hours) in a local college and am clearing around £720.

Now and then when my previous employer needs me to cover then i go in. Last month I was paid some holiday pay from them and it came to about £330. This month they paid me about £127.

I am currently living with my parents and sister in a 3 bedroom house.

My wife is currently 5.5 months pregnant.

I had applied for Council Locata Housing before I got married and was put on their list. The guy doing my wifes application advised me not to bid on any properties until we get the ILR.

Is there any ting I can do especially with the baby on the way?
Also are there any other benefits I can claim without affecting my wifes application for ILR.

Any help will be much much appreciated. Things are getting quite tight. Thanks

Shehzad

[shehzad.khan]

Anybody please??

[batleykhan]

You as a British citizen are within your rights to claim benefits in your own name ( ie child benefit (when he is born), working tax credit etc). However dont apply for Council housing till at least she gets her ILR.

Obviosuly claiming benefits goes against the undertaking you gave when your wife applied for her visa ( ie that you will provide,support and maintain her without recourse to public funds). There is possibility that her ILR can be refused at the end of her two year period.

[shehzad.khan]

Thanks BatleyKhan.

So do you think its ok to go ahead with worknig tax credit?

[batleykhan]

In the Immigration Rules, Rule 6 includes a definition of Public Funds. But immediately following are Rules 6A and 6B, and they are rather important to understand the benefits situation.


Tax Credits! Absolutely no problem you and your wife submitting joint claims for Tax Credits, either in the past or now. The legislation .... reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by Rule 6B of the Immigration Rules .... states that where one of the couple is a person subject to immigration control (your wife) and the other of the couple is not (you) then for Tax Credits purposes only both are treated as not subject to immigration control .... and thus Tax Credits claims are totally OK, and for such a couple technically Tax Credits are not within the definition of Public Funds

[John]

Obviosuly claiming benefits goes against the undertaking you gave when your wife applied for her visa ( ie that you will provide,support and maintain her without recourse to public funds). There is possibility that her ILR can be refused at the end of her two year period.

Who said an undertaking was given? That does not tend to happen with spouse visa applications.

You as a British citizen are within your rights to claim benefits in your own name ( ie child benefit (when he is born), working tax credit etc). However dont apply for Council housing till at least she gets her ILR.

Why not? He is perfectly entitled to apply for Council Housing.However para 6A of the Immigration Rules is in play as regards Council Housing, but all that means is that the accommodation to be provided must not be bigger on account of the wife living there. But Councils tend to allocate exactly the same size of accommodation to "single parent with one child" or to "couple with one child", so in practice the para 6A restriction is not a problem.

Also it should be noted that Housing Association accommodation is not within the definition of Public Funds, as long as it is allocated because of an application made to the Housing Association. But it is Public Funds if Housing Association accommodation is allocated because of nomination rights used by the Local Authority.

[shehzad.khan]

Thanks guys for all the help. In regards

But it is Public Funds if Housing Association accommodation is allocated because of nomination rights used by the Local Authority.

What does that mean?

Also I applied for council housing before i got married. So do I need to contact council to let them know I got a kid on the way and want to add him to the list and leave my wife out? Sorry just a bit confused.

Thanks guys so much.

Shehzad