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Benefits Incapacity Benefit and ILR

Questions and discussions about claiming benefits while living and working in the UK

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newagenow
Newly Registered
Posts: 10
Joined: Fri Dec 18, 2009 6:30 pm

Benefits Incapacity Benefit and ILR

Post by newagenow » Sun Dec 20, 2009 10:26 pm

Please can anybody help. I am British and my wife is Serbian. I was on the long term Incapacity Benefit(IB), Housing Benefit and Council Tax Benefit. I got better at some point, found job and because of that my wife was granted Entry Clearance Visa. However, I am unwell again and I am in the process of getting back my Incapacity Benefit (there are linking rules to this, and I am going to claim both IB and Housing Benefit (and Council Tax benefit) again.
My question is: do I have to mention to Housing Benefit people that my wife lives with me? I guess answer is yes. And when she starts (it is very likely) a part time job, we certainly have to report that.
We are planing to have a kid as well at some point within two years of her stay here.
My question is- at the end of her 2 years period in the UK, when we apply for her ILR, is it going to be successful? I think that I am allowed to get my IB, it is not regarded as public funds. But what about Housing and Council Tax benefit? It looks complicated. And I would do whatever I can so that we get her ILR in the end. Please could you advise me on this.

So I am expecting that our situation before applying for ILR may easily be like this:
- I am claiming Housing Benefit, Council Tax Benefit and Incapacity Benefit. My wife is working part time. We have a child.
Do we stand any chance with the situation like this and is it realistic to expect that she is granted ILR in the end? Or will they plainly refuse it and deport my wife?
Thank you so much for your answer.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Sun Dec 20, 2009 11:32 pm

after being granted a spousal visa what the immigration department are looking for is continuing relationship.
Finances are not important, you have shown you can support her whilst on her spousal visa
Your wife will be granted ILR and WILL NOT be deported

newagenow
Newly Registered
Posts: 10
Joined: Fri Dec 18, 2009 6:30 pm

Post by newagenow » Mon Dec 21, 2009 12:01 pm

mochyn wrote:after being granted a spousal visa what the immigration department are looking for is continuing relationship.
Finances are not important, you have shown you can support her whilst on her spousal visa
Your wife will be granted ILR and WILL NOT be deported
I have shown that than, but since my financial situation have changed, I would like to know more about claiming benefits and overall prognosis when it comes to claiming ILR after two years.
Please let me sum it up again:
If my wife is working part time and have a baby,
and I am claiming (all in my name)- Housing Benefit, Council Tax Benefit and Incapacity Benefit, is she likely to to be granted Indefinite Leave to Remain at that point and in that context?
Thank you, and I am very sorry to insist on detailed answer.

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