ILR and benefits...

[Margerita]

Good day.I am totally confused...
What do you think - if it is possible for person who is the subject of immigration control to receive ILR if she made joint claim of working tax credit and child tax credit benefits?
I have read alredy at this forum similar questions and have found ACT (Immigration) 2003 where they name exclusions for so cases.I am case number 5 (2) - my husband is British, we have a baby 4 month old.I understood from this act that it's permited to give us these benefits but it doesn't say about consequences for ILR later.
And as I understand housing benefits and council tax credt not permited if I need for ILR in 1.5 years?

Thanks for your responces...

[John]

So Margerita, your husband is British and you are here in the UK on a 2-year spouse visa? You wonder about possible benefit claims.

Child Benefit .... this is claimed by one person only ... you are not allowed to claim .... but no problem, your husband can be the Child Benefit Claimant.

Tax Credits .... need to be claimed jointly by a couple living together ..... because of reg 3(2) Tax Credits (Immigration) Regulations 2003 ... you and your husband jointly can claim Tax Credits ... your ability to be such a joint claimant is reinforced by para 6B of the Immigration Rules.

Housing Benefit ... you must not claim this, but your husband can claim. But it is important that he does not claim more Housing Benefit because you are living there. However, in your circumstances that is not a problem. This is because the income disregard for a "single parent with child" is the same as for "couple with child", and accordingly he will not get more Housing Benefit because you are living there.

[Margerita]

So Margerita, your husband is British and you are here in the UK on a 2-year spouse visa? You wonder about possible benefit claims.

Child Benefit .... this is claimed by one person only ... you are not allowed to claim .... but no problem, your husband can be the Child Benefit Claimant.

Tax Credits .... need to be claimed jointly by a couple living together ..... because of reg 3(2) Tax Credits (Immigration) Regulations 2003 ... you and your husband jointly can claim Tax Credits ... your ability to be such a joint claimant is reinforced by para 6B of the Immigration Rules.

Thank you for so fast reply.
You know, the main what confuses me - I know that I can claim and sing ''no public funds'' means nothing at this case.But at the same time rules for applicants on ILR say that a couple should approve their ability to live without public funds.In so way if I need benefits - they will give me, but nobody says they will give me ILR after it...
If there been so cases that people in similar circumstances got ILR?

[Margerita]

(vii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(viii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.

From Immigration rules...

It means that if my husband will get benefits it will effect ILR.

[John]

As long as you follow the detailed guidance, you will be OK. Whilst the definition of "Public Funds" is contained in para 6 of the Immigration Rules, it is also necessary to take account of the "ifs and buts" in paras 6A and 6B.

So I reiterate, for you, married to a British Citizen, it is OK for your husband (and certainly not you) to claim Child Benefit, for the two of you to jointly claim Tax Credits, and also for your husband to claim Housing Benefit (because the child in the house ensures he cannot get more such benefit because you are living there).

[msh2503]

The only option in order to get all UK benefits is claim as separate partners.

[John]

msh2503, sorry? Can you explain that comment? Are you proposing that people separate? Or lie by saying that they are not living together?

And even if they did that, how would it improve the ability to claim benefits?