benifits on spouse visa and ILR

[kharbooza]

Hello Dear Immigration Board

I am on indefinite leave to remain in the UK and my wife has a spouse visa (27 mnths) expiring in August this year. I have 2 children elder one was born in Pakistan and came with wife in July 2011.

From July 2011 till this date we have claimed housing benifits twice. First for 6 months in 2012 and second time for 2 months in 2013. We also get Tax Credits, CHB and working full time.

Kindly advice us if claiming HB in the past can effect our application for ILR?

My second question is about my second child who was born in the UK. What would be his status regarding the immigration laws?

Regards
Kharbooza

[skykive]

If you second child were born in the UK after you grant ILR, he/she has British Nationality. Otherwise, not.

According to the rule 287(a) (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively;


you should not claim HB.

Hello Dear Immigration Board

I am on indefinite leave to remain in the UK and my wife has a spouse visa (27 mnths) expiring in August this year. I have 2 children elder one was born in Pakistan and came with wife in July 2011.

From July 2011 till this date we have claimed housing benifits twice. First for 6 months in 2012 and second time for 2 months in 2013. We also get Tax Credits, CHB and working full time.

Kindly advice us if claiming HB in the past can effect our application for ILR?

My second question is about my second child who was born in the UK. What would be his status regarding the immigration laws?

Regards
Kharbooza

[Amber]

You have to be careful when you claim Housing Benefit and or Council Tax benefit that the applicable amount is paid in respect to a single person not a couple as your partner is subject to immigration control. Local authorities are notoriously bad at this.

Regarding your child, as above but if born before you had ILR, s(he) is now entitled to register as British under section 1(3) of the British Nationality Act. The child born in Pakistan would be relying on discretion under section 3(1) and thus you will have to wait till you're naturalised for him/her.

[kharbooza]

You have to be careful when you claim Housing Benefit and or Council Tax benefit that the applicable amount is paid in respect to a single person not a couple as your partner is subject to immigration control. Local authorities are notoriously bad at this.

Your are right the council never asked or informed us about this. Thus i am still not sure if i was given HB just for myself or for my wife and daughter aswell. The benefit letter always had both our names on it so i assume it was full benefit for both of us. Please advice if there are still chances for us to get ILR for wife and daughter despite the above problem, as we are not claiming any HB at the moment and working full time.

Regarding your child, as above but if born before you had ILR, s(he) is now entitled to register as British under section 1(3) of the British Nationality Act. The child born in Pakistan would be relying on discretion under section 3(1) and thus you will have to wait till you're naturalised for him/her.

My second child was born after i got my ILR. What are the ways to get a child registered as British?
Regarding my other child who was born in Pakistan, will she have to apply for ILR with my wife?

[Amber]

You have to be careful when you claim Housing Benefit and or Council Tax benefit that the applicable amount is paid in respect to a single person not a couple as your partner is subject to immigration control. Local authorities are notoriously bad at this.

Your are right the council never asked or informed us about this. Thus i am still not sure if i was given HB just for myself or for my wife and daughter aswell. The benefit letter always had both our names on it so i assume it was full benefit for both of us. Please advice if there are still chances for us to get ILR for wife and daughter despite the above problem, as we are not claiming any HB at the moment and working full time.

If you informed the local authority that one of you were subject to immigration control then it could be argued that it was an official error in granted you the HB rate. It may have been that you were entitled to the same rate. Although, the fact that the person who was subject to immigration control received the benefit is the issue. However, I would just concentrate on not claiming the HB or CTB again until after your partner is settled.

Regarding your child, as above but if born before you had ILR, s(he) is now entitled to register as British under section 1(3) of the British Nationality Act. The child born in Pakistan would be relying on discretion under section 3(1) and thus you will have to wait till you're naturalised for him/her.

My second child was born after i got my ILR. What are the ways to get a child registered as British?
Regarding my other child who was born in Pakistan, will she have to apply for ILR with my wife?

The child, if born in the UK, is now entitled to register as British on form MN1. The other child will be expected to have ILR when you come to register him/her as British.

Which Country is your partner from?