Detailed Public Funds guidance

[John]

My attention has been drawn to detailed Public Funds guidance issued by UKBA.

List

Click here to read that guidance.

What is the no recourse to public funds condition?

NRPF Network.

[Plum70]

Just read through the document and, interestingly, there is no mention of Switzerland amongst the EEA countries (though not a EEA country, it is treated as one for the purpose of the EC Directive) nor any CH-UK bi-lateral agreement on benefits.

Last year my husband claimed HB for 1.5 months while I was out of work. Hope this doesn't count against us in the future?

Do we consider repaying the council?

[John]

Plum70 I agree that there is no mention of Switzerland, and on reflection I think that is quite an omission.

The legislation took some time to find but please download The Social Security (Persons from Abroad) Amendment Regulations 2006. Having done so read reg. 10 in particular. There you will see :-

The following provisions shall apply in relation to a national of Norway, Iceland, Liechtenstein or Switzerland or a member of his family (within the meaning of Article 2 of Council Directive No. 2004/38/EC(e)) as if such a national were a national of a member State ....

[Plum70]

Many thanks John - all doubts dispelled!

[johnnyboy1]

Thanks, alot of info there that we had no real knowledge of.

[ahyperbee]

My attention has been drawn to detailed Public Funds guidance issued by UKBA.

Click here to read that guidance.

I had a look over this and it's so helpful. I have a quick question: do you reckon that the info on page 10 is referring to housing benefit too?

"This page tells you how people who are subject to immigration control can have access to housing through their spouse or partner.
A British citizen or a person settled in the UK who receives housing from a local authority can include their partner’s name on the tenancy agreement, even if their partner is subject to immigration control.
As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds."

my detailed problem is in this post

[faerieluv44]

I have plenty of time until we apply for my ILR but the sooner we get things cleared up the better.

My husband is a BC and I am American and our son was also born in the US. I and our son (born 2008) are here on a 3 year visa that runs out in Nov 2013. We also have a daughter born here in the UK and therefore is a BC.

We are getting ready to move into Council Accommodation, which if I read correctly is not considered public funds unless we are receiving Housing benefit and/or Council tax benefit. I am on the application but of course not receiving public funds.

The problem is this - I do not myself cause us to require a larger house due to my presence but my son does. If we had just the one child, we would be entitled to a 2 bedroom but we are getting a 3 bedroom.

How does this come into play? Do we need to have a smaller house? Or rent privately? I am asking now so we have plenty of time to figure it out before we apply for my and our son's ILR.

[John]

Before answering in detail, why is your son, born in the USA in 2008, not a British Citizen?

Where was your husband born?

[faerieluv44]

My husband was born in Luton, Bedfordshire. Because my son was born in the US, he is an American citizen unless there is something I am missing?

[John]

You most certainly are! Because your husband was born in the UK, and thus is British otherwise than by descent, his children are British, wherever they are born in the world. Your son has been British since the moment of birth, and did not need a visa to enter the UK.

I suggest an application is made for a British passport for your son! (And ouch, the expense of his Child Settlement visa!)

Neither the USA nor the UK have any problem with dual nationality. Your son acquired both nationalities at the moment of birth, one from each parent.

Your son, born outside the UK, is British by descent, and that means that his children .... your grandchildren from him .... will not be British unless born in the UK.

The Public Funds question. The Council House question. Based upon what you have posted, this is not a problem, because para 6A of the Immigration Rules is in play.

[Kam348]

Hi John
Thanks for all the information and guidance you have provided on such a complicated benefit issue. I have read many of yours relevant posts + guidance link at the start of thread.
I have planned following, please correct me if I am going to do something wrong:

I am going to apply child benefit, working tax credit and child tax credit on my name and will include my wife name as necesary. I understand it will not affect my future naturalisation or family applications.

brief family immigration situation: I have been recently granted ILR. I am in the process of applying nationality for my kids born in UK and spouse visa by using form FLR(M).

The only hurdle I can see is my wages as I earn around 32k so I need to check whether I qualify for all of above 3 mentioned benefits.

I do apologise if I repeating any info.... but it is good to ask rather than jump into trouble and than look for John at the last moment ... lol.

Thanks for your assistance

Best wishes
Kam

[John]

Kam348, congratulations on getting the ILR.

I confirm that you can now claim Child Benefit (in one claimant name only) and for you and your wife to jointly claim Tax Credits.

When claiming the Tax Credits there is only one claim form, that is there are not separate forms for Working Tax Credit and Child Tax Credit. Given that you earn £32K there is no entitlement to Working Tax Credit, and that fact come out automatically in the calculation produced by the Tax Credits office.

Still worth claiming of course because there is certainly an entitlement to the "Family Element" of Child Tax Credit.

[Kam348]

Kam348, congratulations on getting the ILR.

I confirm that you can now claim Child Benefit (in one claimant name only) and for you and your wife to jointly claim Tax Credits.

When claiming the Tax Credits there is only one claim form, that is there are not separate forms for Working Tax Credit and Child Tax Credit. Given that you earn £32K there is no entitlement to Working Tax Credit, and that fact come out automatically in the calculation produced by the Tax Credits office.

Still worth claiming of course because there is certainly an entitlement to the "Family Element" of Child Tax Credit.

Hi John
Thank you very much indeed.
Your guidance is very helpful and strongly supported by relevant legal links.
I am going to apply above as adviced.
Best wishes
Kam

[SANGHA]

John.

Hi Could you please tell me if incapacity benefit comes under public funds, under the immigration rules?

As my brother in law is receiving this and his wife from India is not receiving any benefit or working. We are both living with parents and have full financial support form them.

What is our chance of us getting ILR? We need to start applying in the next month.

Regards

[John]

The nationality of your brother-in-law? British? If not, EEA? If not, what is his UK immigration status?

[SANGHA]

Sorry John

My brother in law is British, at present recieving incapacity benefit, which is not on the list of public funds on the SET(M) Forms.

His wife came from India on a spouse visa on the 13/03/2011. She is not receiving any benefit at all or working.

Regards

[John]

Clearly there is no problem with the British Citizen claiming Public Funds.

The date "13/03/2011", you want to correct that?

[SANGHA]

Thanks John

Yes it was 13/03/2009 when she came to the UK

Does he need to tick the public funds box on teh SET(M) Form, as it does not appear on the list of funds at the bottom of the page?

If he does'nt do we need to explain the benefit that he recieves in a covering letter?

Regards

[John]

Does he need to tick the public funds box on the SET(M) Form

No, incapacity benefit is not within the definition of Public Funds, in para 6 of the Immigration Rules.

That is, he needs to tick the "No" box.

[tanya111]

Hi John,

I'm sorry to bother you. I really hope you could give me an advice in regards to benefits too.

I’m Ukrainian, my husband is British. We have a 3 month old baby (born in UK). I have to apply for my ILR in April. I'm obviously not entitled to Child Benefit. Can my husband claim it? Can the claim ruin my chance to get ILR?

Thank you so much.

Kind Regards,
Tanya

[John]

In your circumstances, as explained many times in the Claiming Benefits section, there is no problem one of you claiming Child Benefit, and the two of you jointly claiming Tax Credits.

[tanya111]

Thank you so much John. I really appreciate your help.

[tanya111]

Dear John,
Thank you so much for your advice. My husband has successfully claimed a Child benefit. I’m currently about to fill in my ILR application form and it has a box to tick if my partner claims it. I’m just worried now as I have to declare it, would it affect my application.
Thank you so much for your advice.

[John]

tanya111, the problem is that the Public Funds section of the form SET(M) is badly designed and it really does not cope well with the actual legislation which is in force.

I have made the following comment before and it does not seem to cause problems. That is, answer the Public Funds question "Yes", but only tick the relevant benefits in the sponsor's column, and do not tick them in the applicant's column.

tanya111, you mention Child Benefit, but what about Tax Credits? Are you and your husband jointly claiming Tax Credits?

[tanya111]

In your circumstances, as explained many times in the Claiming Benefits section, there is no problem one of you claiming Child Benefit, and the two of you jointly claiming Tax Credits.

Thank you so much for all your help and advice. In regards of Child tax credit we thought if my husband earns more than £50K we would not be entitled to get it.

Really appreciate all your guidance.