Can my wife apply for benefits while i am on spouse visa

[Tahirhameed]

Dear Sir or Madam,

I am currently going through huge tension over my head with regards to my ILR which is due in about next 5 months.

The problem is that my wife is claiming housing benefit on her own name as she is a british citizen. In the housing benefit I am classified as a partner but the benefit is clearly on my wife's name.

I want to know that would this housing benefit will affect my ILR application. My wife has a long term disability and she is claiming DISABILITY LIVING ALLOWANCE and because of her disability she can't work as well. On the other hand, I am working but only part time through which i can only manage £500 per month. Apart from HOUSING AND DISABILITY LIVING ALLOWANCE we are not claiming any benefits at all. We are paying the council tax which is around £84 per month.

Moreover, i had a word with plenty of advocates and unfortunately all of them gave me different answers. Few said that my wife can claim housing which will not cause any trouble to me when applying my ILR and others are of the opinion that i am living with her and although the benefit is on my wife's name but still i am in receipt of housing benefit from an angle. So, I am too much confused on which information to rely on.

Can anybody help me out of this. I will be highly obliged and greatful.

Thanks

Tahir

[vinny]

See also UK spouse visa help please. UK citizen disabled.

[Tahirhameed]

Dear Vinny,

I had a good look at your reply and found some good information with regards to my case.

Now the main point of concern for me is the housing benefit. I want to know that what does the law says in my condition where my wife doesn't works but i do and she is claiming benefit (housing benefit).

I completely fail to understand the statement written on the LEAFLET given by the home office at the time when i got my passport having the visa stamped on it. The statement written is as follows:

UNDER THE IMMIGRATION RULES YOU ARE NOT ENTITLED TO RECEIVE PUBLIC FUNDS TO HELP MEET YOUR LIVING AND ACCOMOMODATION COSTS (OR THOSE OF ANY DEPENDANTS). IN ADDITION YOUR SPONSOR IS NOT ENTITLED TO CLAIM OR RECEIVE PUBLIC FUNDS ON YOUR BEHALF. THE TERM "PUBLIC FUNDS" IS DEFINED IN PARAGRAPH 6 OF THE IMMIGRATION RULES.

What does it means ? Does it means that the housing benefit that my wife is getting, she is claiming on my behalf ?

I am too confused with regards to the housing benefit. The rent of the property is £320 per month and the council is paying it in full. On the other hand, as i mentioned earlier, we are paying council tax of the property.

Can you please help me with my scenario as i don't have a deep down knowledge of the immigration issues particulary associated with my case.

Waiting anxiously for your response.

Regards,

Tahir

[Wanderer]

Your wife should claim with you named on the claim, also your income must be included and this will have the eeffect of reducing or removing benefits.

Otherwise imagine if your wife claimed and didn't mention you and your income, you'd (as a household) be fraudently claiming benefit.

[Tahirhameed]

Well my wife is claiming with my name on the claim but I am mentioned as a partner in the claim and the main claiment is my wife not me. While giving the documents the council people asked about my documents and i supplied a copy of my visa along with wage slips.

But the main question remains unanswered which is that WOULD THIS HOUSING BENEFIT HAVE AN AFFECT ON MY ILR APPLICATION ?
In other words, WOULD THE HOME OFFICE GRANT MY VISA FOR INDEFINITE LEAVE TO REMAIN OR REJECT IT BY SAYING THAT I AM CLAIMING HOUSING BENEFIT AS MY WIFE IS CLAIMING?

[bonnie]

Well my wife is claiming with my name on the claim but I am mentioned as a partner in the claim and the main claimant is my wife not me. While giving the documents the council people asked about my documents and i supplied a copy of my visa along with wage slips.

But the main question remains unanswered which is that WOULD THIS HOUSING BENEFIT HAVE AN AFFECT ON MY ILR APPLICATION ?
In other words, WOULD THE HOME OFFICE GRANT MY VISA FOR INDEFINITE LEAVE TO REMAIN OR REJECT IT BY SAYING THAT I AM CLAIMING HOUSING BENEFIT AS MY WIFE IS CLAIMING?

you have just said that it is your wife that's claiming housing benefit,as she is a british citizen she is entitled to claim any benefit she is eligible for.
I cannot see what you are worrying about,you are not claiming the benefit in your soley your name are you.

[Tahirhameed]

The reason for my tension is that few of the solicitors are of the opinion that I am living in the property for free because my wife is claiming benefit. In other words by doing so, i am getting housing benefit as well regardless of the fact that the claim is not in my name.

I don't know what is the logic behind it because when I am not paying rent for the property does it means that i am in receipt of public funds. This is confusiing me to a great extent.

[Wanderer]

The reason for my tension is that few of the solicitors are of the opinion that I am living in the property for free because my wife is claiming benefit. In other words by doing so, i am getting housing benefit as well regardless of the fact that the claim is not in my name.

I don't know what is the logic behind it because when I am not paying rent for the property does it means that i am in receipt of public funds. This is confusiing me to a great extent.

If the authorities have used your income in benefit calculations I wouldn't sweat it.

[John]

The reason for my tension is that few of the solicitors are of the opinion that I am living in the property for free because my wife is claiming benefit. In other words by doing so, i am getting housing benefit as well regardless of the fact that the claim is not in my name.

That only goes to prove that those people need more training, especially in the way the Public Funds definition in para 6 of the Immigration Rules is effectively varied by paras 6A to 6C.

Para 6A is in play here and as long as it is not the case that more HB is being paid because you are living there, then there is not a problem. In fact because you are living there, and thus your earnings are being taken into account in assessing the entitlement to HB, there is no problem.

[Tahirhameed]

Dear John,

I just took the letters out which were issued by Bradford District Council to my wife and following is the information on the letter.

FINANCIAL DETAILS:
Your Weekly earned income £0.00
Your partners weekly earned income £114.11
Other income (converted to weekly) £97.67
Assumed income from £0 capital £0.00
TOTAL WEEKLY INCOME £211.78
Disregard income £117.67
Less expenses £0.00
INCOME USED IN CALCULATION £94.11

APPLICABLE AMOUNT
Disability premium (Couple) £39.85
Couple with person between 18 & pensi £102.75
TOTAL APPLICABLE AMOUNT £142.60

Hence, this is the total information available at the moment. Any comments please do reply back.

Thanks