irl help

ahmedlayla · Post by **ahmedlayla** » Sun Mar 24, 2013 10:01 am

Hi my husband and I are doing his IRL application and need some advice and help.
were worried that me getting housing and council tax benefit at 50% and maternity allowance as im working but on maternity leave didnt qualify for stat maternity pay.. im worried this will go against his visa none of the benefits r given to him so he isnt in receipt of benefits or public funds but it is me who gets the money and provides for us and our 2 children i have a 4 yr old and 3 month old.
im worried he will be sent back and our family will be split up again i hope someone can give us some light in this and help us.

my husband doesnt work due to health conditions on his back so does the childcare when im at work and also goes to college doing the esol entry 3 with citizenship..

will any of this go against his visa

Post by **John** » Sun Mar 24, 2013 12:23 pm

You tell us nothing about you, so it is impossible to answer your query.

Are you British? If not, what is your nationality and UK immigration status?

Also, the Tax Credits claim, please confirm that is in the joint names of you and your husband.

ahmedlayla · Post by **ahmedlayla** » Sun Mar 24, 2013 2:28 pm

im british born both children born in uk tax credits done in both names but worked out souly on me and the children.. my husband is a moroccan national.

i get maternity allowance, ctc,wtc,cb in my name and housing and council tax benefits at 50% as far as i know its worked out on me and the 2 children.
im worried as we got told it wud b refused with me on benefits and also he cud b sent back

Post by **John** » Sun Mar 24, 2013 2:43 pm

In your circumstances, none of those benefits are a problem. You are British and perfectly entitled to claim those benefits.The joint claim for
Tax Credits is perfectly OK, because for Tax Credits purposes only your husband is treated as not being subject to immigration control.

The HB and CTB? Likewise not a problem as you are not getting more such benefit because your husband is living there with you. That is, the benefit for a couple plus two children is exactly the same as for a single parent and two children.

ahmedlayla · Post by **ahmedlayla** » Sun Mar 24, 2013 6:03 pm

thank you john appreciate the advice and help..
what would happen if he gets refused will they just send him back? or would he be given another 2 years?

also what documents would we need as he has only the bt phone bill in his name
bank account is mine he doesnt have one is this a problem if he doesnt have one?
gas and electric is paid for by card and key meter so dont get post from them,
water is in my name and so is the rent and council tax info
how els can i proove he is here as well and has been since he came to the uk 2 years ago. is it easyer to do the application in person or by post and how much does this cost im confused on the ammounts they say as it says diff for same thing

Post by **John** » Sun Mar 24, 2013 6:55 pm

what would happen if he gets refused will they just send him back?

Why would he get refused? If all the correct documents are supplied, including pass certificate from the Life in the UK Citizenship test, why would he get refused?

As regards evidence about living together, the form SET(M) gives examples of what would be acceptable. For example, he no doubt has NHS number, and that would be documented, and there is also the Tax Credits documentation that shows his name.

And has he been issued with a NI number? Letter from GP? etc etc!

ahmedlayla · Post by **ahmedlayla** » Sun Mar 24, 2013 8:26 pm

he does have an NI number and registered with gp .
hes doing the english esol level 3 with citizenship awarded by city and guilds is this acceptable?

Post by **John** » Sun Mar 24, 2013 8:55 pm

I assumed he was registered with a GP, but has he got any letters from that GP? Or a hospital etc?

As regards the Citizenship course, UKBA have tightened up on that, and now there is lots of "small print". Please have a read of this UKBA webpage.

ahmedlayla · Post by **ahmedlayla** » Sun Mar 24, 2013 9:52 pm

he shud have a letter here that says about his hospital appointment for a scan on his back!
the esol course he is doing is in the oxford city college ocvc and is awarded by city and guilds upon looking on the link you sent it does say awarding bodies and the gives a list and city and guilds(pitman) is one of them i will double check with the college that this is a course that is accepted.

Post by **John** » Mon Mar 25, 2013 6:46 am

he shud have a letter here that says about his hospital appointment for a scan on his back!

Good, but that is just an example of the sort of evidence he might have. If you have not already downloaded the form SET(M) from the UKBA website, I suggest you do that now, because it does list the sort of evidence that they are looking for.

the esol course he is doing is in the oxford city college ocvc and is awarded by city and guilds upon looking on the link you sent it does say awarding bodies and the gives a list and city and guilds(pitman) is one of them i will double check with the college that this is a course that is accepted.

Yes best to check but what you post sounds good.

ahmedlayla · Post by **ahmedlayla** » Mon Mar 25, 2013 1:46 pm

thank you so much john for your help i will report if i get anymore confusing questions

ahmedlayla · Post by **ahmedlayla** » Mon Mar 25, 2013 3:33 pm

i have just spoken to hb,ctb and they have said that him living with me has been taken into account despite being told on my application that hes subject to immigration and has no recourse to public funds.. they have said im the applicant but because he is living here theres an amount worked of £111.45 they have said were aloud to live on each week for a couple.
im worried now that this will go against his irl even tho when i made my claim i stated and showed the passport and visa saying he isnt aloud to claim or have anything awarded on him. how can i go about this and fix this

Post by **John** » Mon Mar 25, 2013 8:27 pm

So you did not believe me? The figure you quote, exactly the same figure applies to a single parent, so it is the case that it is possible to say that no more HB & CTB is being paid because he is living here.

Para 6A of the Immigration Rules is in play here, so any increase in such benefits would be wrong, but that is not the case for you.

ahmedlayla · Post by **ahmedlayla** » Mon Mar 25, 2013 9:37 pm

thank you so much john i was only double checking with them just incase anything has been claimed in his name or got extra for him!! i just wanted to make sure i had as much proof as i could to stop any trouble and tress when it gets closer to putting application in.
once again thank you so much for your help and advice

Post by **Amber** » Tue Oct 01, 2013 10:36 am

ahmedlayla wrote:hi we got a letter today from ukba requesting more info as to myself and my husband living together! we gave them everything we have prooving us residing together since him being here and yet they asking for more.
we gave tax credit letters,bank statements from myself,drs letters,hospital letters,employment letters from myself,rent council tax water tv all in my name,bt phone bill in husbands name college letters for husband. i dont know what else to do we have given everything that covers from when he came here to pressent. im worried that we will be refused i have postnatal depression and we have to kids 2 together and i need him here to help support us my mentle and emotional state isnt strong enough for him not to be. does anyone have any advice they can give im so stressed i keep feeling like i wanna passout

ahmedlayla · Post by **ahmedlayla** » Tue Oct 01, 2013 11:38 am

hi we got a letter today from ukba requesting more info as to myself and my husband living together! we gave them everything we have prooving us residing together since him being here and yet they asking for more.
we gave tax credit letters,bank statements from myself,drs letters,hospital letters,employment letters from myself,rent council tax water tv all in my name,bt phone bill in husbands name college letters for husband. i dont know what else to do we have given everything that covers from when he came here to pressent. im worried that we will be refused i have postnatal depression and we have to kids 2 together and i need him here to help support us my mentle and emotional state isnt strong enough for him not to be. does anyone have any advice they can give im so stressed i keep feeling like i wanna passout

i have also now contacted my local mp even got the address for downing street to send a letter to them about this i dont know what else to do how can i provide again what they have already been given and still have the documents leaving me nothing to give again im seriously annoyed about it we had this with the first visa refused us on a lie and i got a feeling they are going to refuse us for something they already have

akhan25 · Post by **akhan25** » Tue Oct 01, 2013 11:21 pm

Look dont stress its procedure they need letters its clearly said to u when ur husband visa was approved to keep all letters u shud have council tax in ur both name ? Try find any letters u had been sent from any source and if u cant write a covering letter explaining thisssituation and also say you have kids together and you need ur husband with you all time and explain ur stress and anxiety situation and also u can put some of ur relatives name and contact no for ukba to call for references to confirm with ukba that your husband been living with you in past 2 years.

ahmedlayla · Post by **ahmedlayla** » Wed Oct 02, 2013 4:09 pm

[quote="akhan25"]Look dont stress its procedure they need letters its clearly said to u when ur husband visa was approved to keep all letters u shud have council tax in ur both name ? Try find any letters u had been sent from any source and if u cant write a covering letter explaining thisssituation and also say you have kids together and you need ur husband with you all time and explain ur stress and anxiety situation and also u can put some of ur relatives name and contact no for ukba to call for references to confirm with ukba that your husband been living with you in past 2 years.[/quote]

we had already given them these names and contacts to give this confirmation when we did the application. i didnt do alot of bills in both names due to me getting benefits at the time and didnt want it to effect him. but we have done a covering letter

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