Benefits while wife FLR (M) application pending

[jasim]

Hi all, I hope you all are doing well. I would like to ask all the gurus and experts about my wife FLR(M) application and benefits. I got my ILR last month. Still waiting for my wife application result. I also have a baby who is under 2. She was born here and we already applied for her registration as a Brtish Citizen.
Two weeks ago i applied for Child Tax Credit & Working Tax Credit on joint names and Child Benefit on my name. Still waiting for a reply from HMRC. In the meantime i applied for Housing Benefit last week and i am told i will receive £177.79 per week as HB. I kept telling council just to put my name as my wife is subject to immigration control. My HB will be effective from next month. Now i am a bit worried. Will these have any bad impact on my wife visa? For your kind information we both work. I work part time and my partner full time. Also my wife falls under pre July 2012 rule as her last visa extension was in 2009. I would really appreciate your advice on that please. Thanks.

[Amber]

As I am assuming your wife is going to apply for settlement immediately after being granted flr(m) as she was previously a pbs dep? I would place the HB on hold until she is settled. I say this because more often than not, the partner who is subject to immigration control is given an applicable amount and in turn breaches their restriction. Are you working?

[jasim]

As I am assuming your wife is going to apply for settlement immediately after being granted flr(m) as she was previously a pbs dep? I would place the HB on hold until she is settled. I say this because more often than not, the partner who is subject to immigration control is given an applicable amount and in turn breaches their restriction. Are you working?

Thanks for the prompt reply Amber. I am working part time as we can't afford to send child in the nursery. Plus she is under 2. We both earn £19000 together. The lady at the council told me it's fine and they will calculate the amount based on me and my daughter as my wife is subject to immigration control. She said they're strictly told not to include any one in the application who is subject to immigration control. I applied in January 2013 and got my ILR in June. So what do you suggest? Thanks again in advance.

[Amber]

As I am assuming your wife is going to apply for settlement immediately after being granted flr(m) as she was previously a pbs dep? I would place the HB on hold until she is settled. I say this because more often than not, the partner who is subject to immigration control is given an applicable amount and in turn breaches their restriction. Are you working?

Thanks for the prompt reply Amber. I am working part time as we can't afford to send child in the nursery. Plus she is under 2. We both earn £19000 together. The lady at the council told me it's fine and they will calculate the amount based on me and my daughter as my wife is subject to immigration control. She said they're strictly told not to include any one in the application who is subject to immigration control. I applied in January 2013 and got my ILR in June. So what do you suggest? Thanks again in advance.

Well, when you get the Housing Benefit entitlement letter, look at the applicable amount and make sure they have not awarded you 'an amount as you are a couple' if they haven't then its fine.

[Casa]

The amount for a parent and child is the same as the benefit for a couple.
You don't need to stop claiming.
What are your concerns about your wife's application under the 'old Rules'?

[jasim]

As I am assuming your wife is going to apply for settlement immediately after being granted flr(m) as she was previously a pbs dep? I would place the HB on hold until she is settled. I say this because more often than not, the partner who is subject to immigration control is given an applicable amount and in turn breaches their restriction. Are you working?

Thanks for the prompt reply Amber. I am working part time as we can't afford to send child in the nursery. Plus she is under 2. We both earn £19000 together. The lady at the council told me it's fine and they will calculate the amount based on me and my daughter as my wife is subject to immigration control. She said they're strictly told not to include any one in the application who is subject to immigration control. I applied in January 2013 and got my ILR in June. So what do you suggest? Thanks again in advance.

Well, when you get the Housing Benefit entitlement letter, look at the applicable amount and make sure they have not awarded you 'an amount as you are a couple' if they haven't then its fine.

Thanks again Amber. My wife is here since January 2007 as a Student Dependant (Tier 4) till she applied for FLR. Is she eligible to apply for ILR as soon as she receives FLR? I will definitely have a look at the letter carefully when i receive it. What does it say? Any idea? Thanks.

[Amber]

The amount for a parent and child is the same as the benefit for a couple.
You don't need to stop claiming.
What are your concerns about your wife's application under the 'old Rules'?

Unfortunelty, for a couple and a child, the benefit applicable amount is different, moreover, the fact that a person who is subject to immigration control is given an applicable amount, may be a breach of immigration restrictions. Indeed, the LHA payment may be the same, but the benefit payment itself can differ. A lone parent applicable amount is less than that of a couple.

[Amber]

As I am assuming your wife is going to apply for settlement immediately after being granted flr(m) as she was previously a pbs dep? I would place the HB on hold until she is settled. I say this because more often than not, the partner who is subject to immigration control is given an applicable amount and in turn breaches their restriction. Are you working?

Thanks for the prompt reply Amber. I am working part time as we can't afford to send child in the nursery. Plus she is under 2. We both earn £19000 together. The lady at the council told me it's fine and they will calculate the amount based on me and my daughter as my wife is subject to immigration control. She said they're strictly told not to include any one in the application who is subject to immigration control. I applied in January 2013 and got my ILR in June. So what do you suggest? Thanks again in advance.

Well, when you get the Housing Benefit entitlement letter, look at the applicable amount and make sure they have not awarded you 'an amount as you are a couple' if they haven't then its fine.

Thanks again Amber. My wife is here since January 2007 as a Student Dependant (Tier 4) till she applied for FLR. Is she eligible to apply for ILR as soon as she receives FLR? I will definitely have a look at the letter carefully when i receive it. What does it say? Any idea? Thanks.

Immigration rule 287(a)(I)(d) allows the time as a PBS dependent to be added to that of flr(m) to equate the qualifying period. Based on that your wife would be eligible to apply for set(m) straight after flr(m) providing she meets the other criteria.

[jasim]

The amount for a parent and child is the same as the benefit for a couple.
You don't need to stop claiming.
What are your concerns about your wife's application under the 'old Rules'?

Thanks Amber. My concern is i am confused when will my wife be eligible once she gets her FLR. Some people say see needs to wait 2 years as Student Dependent does not count. Some says she needs to wait 5 years etc. Really confused. Thanks.

[jasim]

Thanks for the prompt reply Amber. I am working part time as we can't afford to send child in the nursery. Plus she is under 2. We both earn £19000 together. The lady at the council told me it's fine and they will calculate the amount based on me and my daughter as my wife is subject to immigration control. She said they're strictly told not to include any one in the application who is subject to immigration control. I applied in January 2013 and got my ILR in June. So what do you suggest? Thanks again in advance.

Well, when you get the Housing Benefit entitlement letter, look at the applicable amount and make sure they have not awarded you 'an amount as you are a couple' if they haven't then its fine.

Thanks again Amber. My wife is here since January 2007 as a Student Dependant (Tier 4) till she applied for FLR. Is she eligible to apply for ILR as soon as she receives FLR? I will definitely have a look at the letter carefully when i receive it. What does it say? Any idea? Thanks.

Immigration rule 287(a)(I)(d) allows the time as a PBS dependent to be added to that of flr(m) to equate the qualifying period. Based on that your wife would be eligible to apply for set(m) straight after flr(m) providing she meets the other criteria.

Thanks Amber. What is the other criteria? Does she need to meet Financial Requirement? She did IELTS which is valid till 2014. She still needs Life in the UK Test, right? Plus how likely my claiming benefits would have an adverse effect on my wife ILR application?

[jasim]

The amount for a parent and child is the same as the benefit for a couple.
You don't need to stop claiming.
What are your concerns about your wife's application under the 'old Rules'?

Thanks for the prompt reply. So you are suggesting not to stop claiming? Will it affect my wife current pending or future applications? Thanks again.

[Casa]

Amber's corrected me. I usually leave benefits to fellow moderator John as this is his speciality. Follow Amber's advice.

[jasim]

Amber's corrected me. I usually leave benefits to fellow moderator John as this is his speciality. Follow Amber's advice.

Ok thanks. Yeah Amber is really great and so is her advice.

[Amber]

I would just wait till you get the Housing Benefit brekdown, they may just have put single parent and child applicable amounts. Once you've looked at the statement you'll know how they've calculated it.

The applicable amount for a single person/lone parent is £71.70 and for a couple it is £112.55 the amount for a child is £65.62. The amount you stated would tell me that it appers to be a child amount and couple. Did you declare both incomes? You must also consider the LHA rate at which is paid based on your circumstnce, the housing benefit amount can't exceed that under the new rules.

I imagine many people are awarded HB/CTB with the wrong amount but still succeed at settlement because 1. the Home Office don't understand the benefit system and 2. applicant's don't declare it.

Your wife would have to meet the KOLL requirements, yes the LIUK test will suffice until October 28. She'll also have to be able to adequately maintain and accomodate.

[jasim]

I would just wait till you get the Housing Benefit brekdown, they may just have put single parent and child applicable amounts. Once you've looked at the statement you'll know how they've calculated it.

The applicable amount for a single person/lone parent is £71.70 and for a couple it is £112.55 the amount for a child is £65.62. The amount you stated would tell me that it appers to be a child amount and couple. Did you declare both incomes? You must also consider the LHA rate at which is paid based on your circumstnce, the housing benefit amount can't exceed that under the new rules.

I imagine many people are awarded HB/CTB with the wrong amount but still succeed at settlement because 1. the Home Office don't understand the benefit system and 2. applicant's don't declare it.
Your wife would have to meet the KOLL requirements, yes the LIUK test will suffice unti
l October 28. She'll also have to be able to adequately maintain and accomodate.

Thanks. Yes, i had to declare both of the incomes. I'll definitely get back to you once i get the letter from my council regarding my housing benefit. I actually kept beghing the lady at the council that not to put my wife name and she kept assuring me saying not to worry, your wife does not get any public fund so she is not included. She even said that she could give me a copy of their entitlement book or something where it clearly says people or spouse subject to immigration control will not get any benefit etc. etc. So fingers crossed... Thank you for your great support and advice. It means a lot to me.

[Amber]

I would just wait till you get the Housing Benefit brekdown, they may just have put single parent and child applicable amounts. Once you've looked at the statement you'll know how they've calculated it.

The applicable amount for a single person/lone parent is £71.70 and for a couple it is £112.55 the amount for a child is £65.62. The amount you stated would tell me that it appers to be a child amount and couple. Did you declare both incomes? You must also consider the LHA rate at which is paid based on your circumstnce, the housing benefit amount can't exceed that under the new rules.

I imagine many people are awarded HB/CTB with the wrong amount but still succeed at settlement because 1. the Home Office don't understand the benefit system and 2. applicant's don't declare it.
Your wife would have to meet the KOLL requirements, yes the LIUK test will suffice unti
l October 28. She'll also have to be able to adequately maintain and accomodate.

Thanks. Yes, i had to declare both of the incomes. I'll definitely get back to you once i get the letter from my council regarding my housing benefit. I actually kept beghing the lady at the council that not to put my wife name and she kept assuring me saying not to worry, your wife does not get any public fund so she is not included. She even said that she could give me a copy of their entitlement book or something where it clearly says people or spouse subject to immigration control will not get any benefit etc. etc. So fingers crossed... Thank you for your great support and advice. It means a lot to me.

Indeed, it may be that she is not included nd you are fine (though the application still has to be in joint names to include her income).

[jasim]

I would just wait till you get the Housing Benefit brekdown, they may just have put single parent and child applicable amounts. Once you've looked at the statement you'll know how they've calculated it.

The applicable amount for a single person/lone parent is £71.70 and for a couple it is £112.55 the amount for a child is £65.62. The amount you stated would tell me that it appers to be a child amount and couple. Did you declare both incomes? You must also consider the LHA rate at which is paid based on your circumstnce, the housing benefit amount can't exceed that under the new rules.

I imagine many people are awarded HB/CTB with the wrong amount but still succeed at settlement because 1. the Home Office don't understand the benefit system and 2. applicant's don't declare it.
Your wife would have to meet the KOLL requirements, yes the LIUK test will suffice unti
l October 28. She'll also have to be able to adequately maintain and accomodate.

Thanks. Yes, i had to declare both of the incomes. I'll definitely get back to you once i get the letter from my council regarding my housing benefit. I actually kept beghing the lady at the council that not to put my wife name and she kept assuring me saying not to worry, your wife does not get any public fund so she is not included. She even said that she could give me a copy of their entitlement book or something where it clearly says people or spouse subject to immigration control will not get any benefit etc. etc. So fingers crossed... Thank you for your great support and advice. It means a lot to me.

Indeed, it may be that she is not included nd you are fine (though the application still has to be in joint names to include her income).

Thanks Amber. You're absolutely right. That's what the housing benefit officer told me. She took a copy of her income too. Everything looks alright so far. Let's keep our fingers crossed. Thanks.

[Amber]

For completeness, where is your partner from?

[jasim]

For completeness, where is your partner from?

We both are from Bangladesh. We applied at the same time in January 2013. I got my ILR in June. Applied for child's Registration as a British Citizen last week. More than 6 months gone, still no result for the wife application. Thanks.

[Amber]

For completeness, where is your partner from?

We both are from Bangladesh. We applied at the same time in January 2013. I got my ILR in June. Applied for child's Registration as a British Citizen last week. More than 6 months gone, still no result for the wife application. Thanks.

No problem, it was just to ensure that she was not from an exempt Country.

[Casa]

For completeness, where is your partner from?

We both are from Bangladesh. We applied at the same time in January 2013. I got my ILR in June. Applied for child's Registration as a British Citizen last week. More than 6 months gone, still no result for the wife application. Thanks.

If you've passed the 6 month mark, you can ask your MP to chase the Home Office up on your behalf. This often gets a response.

[jasim]

For completeness, where is your partner from?

We both are from Bangladesh. We applied at the same time in January 2013. I got my ILR in June. Applied for child's Registration as a British Citizen last week. More than 6 months gone, still no result for the wife application. Thanks.

If you've passed the 6 month mark, you can ask your MP to chase the Home Office up on your behalf. This often gets a response.

Thanks. Yeah, i'll definitely try to contact my MP. Thanks again.

[jasim]

Dear Amber, i hope you are doing well. I've just received my Housing Benefit and Council Tax Rebate letters today. I'm going to put the details below:

Housing Benefit:
The weekly benefit award: £177.79
Less overpayment recovery: £0
Net benefit payabele: £177.79
Weekly Gross rent/council tax: 178.85
Weekly eligible rent/council tax: £178.85
NON DEPENDANT DEDUCTION : £0.00

In working out weekly benefit, we have used the following information:
Your weekly earned income : 198.44
Your partner's weekly earned income : £0.00
Any other income (weekly) : £20.30
Assumed income from £61 capital: £0.00
TOTAL WEEKLY INCOME : 218.74
Disregarded income : 62.40
Less expnses: £0.00
Income used in calculation : £156.34

APPLICABLE AMOUNT
Family premium : £17.40
Lone parent between 18 and pension: £71.70
Young child under 11 :£65.62
TOTAL APPLICABLE AMOUNT : £154.72

Now do you think they have put my wife name or given her any
substancial amount of benefits. Are these figures just based on me and my baby or they aded my wife too? Your would be greatly appreciated.
Thanks.

[jasim]

For completeness, where is your partner from?

We both are from Bangladesh. We applied at the same time in January 2013. I got my ILR in June. Applied for child's Registration as a British Citizen last week. More than 6 months gone, still no result for the wife application. Thanks.

If you've passed the 6 month mark, you can ask your MP to chase the Home Office up on your behalf. This often gets a response.

Thanks. Yeah, i'll definitely try to contact my MP. Thanks again.

Dear Amber, i hope you are doing well. I've just received my Housing Benefit and Council Tax Rebate letters today. I'm going to put the details below:

Housing Benefit:
The weekly benefit award: £177.79
Less overpayment recovery: £0
Net benefit payabele: £177.79
Weekly Gross rent/council tax: 178.85
Weekly eligible rent/council tax: £178.85
NON DEPENDANT DEDUCTION : £0.00

In working out weekly benefit, we have used the following information:
Your weekly earned income : 198.44
Your partner's weekly earned income : £0.00
Any other income (weekly) : £20.30
Assumed income from £61 capital: £0.00
TOTAL WEEKLY INCOME : 218.74
Disregarded income : 62.40
Less expnses: £0.00
Income used in calculation : £156.34

APPLICABLE AMOUNT
Family premium : £17.40
Lone parent between 18 and pension: £71.70
Young child under 11 :£65.62
TOTAL APPLICABLE AMOUNT : £154.72

Now do you think they have put my wife name or given her any
substancial amount of benefits. Are these figures just based on me and my baby or they aded my wife too? Your would be greatly appreciated.
Thanks.

[Amber]

No they've given you £71.70 for a lone parent and not £112.55 for a couple so that appears all fine.