Council Housing and Partner on Spouse Visa

[bunty4ILR]

hi, I ask this question on behalf of my friend who does not access to this website. He is on ILR for the last two years and his wife is on the spouse visa who is due to apply for ILR Set M. The issue is they are living in a council property since June 2011 and they have been told by someone that their council tenancy would create a problem for wife's ILR (because council housing is part of public funds).
Can someone please tell if the council tenancy would really jeopardise my friend's wife ILR application?
Thank you very much.

[Casa]

Would he have been granted the Council housing if he had been living on his own? Or was it granted as a couple? That's the crucial issue.

[John]

bunty4ILR, who is the tenant of the property? Just the husband?

Also, as regards the size of the property, would the Council have allocated that size of property if the wife was not going to live there?

Any there any children living in the property? Or just the two of them?

[bunty4ILR]

Hi Casa and John, thank you both for the replies. After seeing your replies I contacted my friend and asked him further;

1. the tenancy is in husband's name
2. they applied as a couple i.e. wife was declared on the form but the main applicant was husband. In the application it was also declared that wife is subject to immigration control.
3. it's a 1 bed flat which is of same size property is also for single applicant
4. they dont have any children
5. husband was on the council housing list for 18 months prior to their move
6. the property is owned by council but managed by a housing assosiation so it's kind of hybrid form of social housing.

Thanks

[John]

The important information is :-

it's a 1 bed flat which is of same size property is also for single applicant

-: and that being the case, and para 6A of the Immigration Rules being in play, there is no problem with the Council Accommodation being allocated.

[bunty4ILR]

The important information is :-

it's a 1 bed flat which is of same size property is also for single applicant

-: and that being the case, and para 6A of the Immigration Rules being in play, there is no problem with the Council Accommodation being allocated.

Thax alot John, that is very helpful. Cheers.