Urgent help or suggestion on ILR

[rose2013]

Good Evening Everybody.

Please it is my humble request to provide me some useful information
regarding my wife ILR.
Let me give you some brief history about my case.

I came in UK as student in 2001 and married in UK 2004 with American citizen.
In 2005 I applied student Visa for my wife which she got in 2005 and
then in 2005 I changed my visa from student to student spouse of my
wife, which I got then till 2011 I stayed as spouse of my wife.

In 2011 I applied ILR on long residency along with my wife and
children. I got ILR and they got 2 year spouse visa FLR(m).

My all children and me are now British Citizen now. Soon after my ILR
I Started to claim CB. and CTC. on my name but I have given my wife
detail as joint claim for legal requirement for CTC.

I was doing full time job around 30k per year. I started business in
Sep, 2011 along with my job.

In August 2012 I had been redundant from my job and started to claim
JSA as single person and same time i got huge loss in my business as
well.

We had to moved our business from office to my other partner's Home
and later on I had resigned from Directorship in March2013 from my
both companies Simultaneously I was claiming Contributed JSA from
August 2012 till Feb 2013.

Since Sep 2012, I started claiming HB. CTB.CTC. CB.
My Wife never ever worked in UK since we married until July 2013.

I did not apply HB. CTB before Sep, 2012

Please give me Suggestions or advise me what i should do or what is
appropriate in my case.

I have PEO Appointment in 5TH August.2013
My wife got a job of 24 hours in 1st day of July 2013.
I stopped my JSA 30 June, 2013.
Her visa is running out in 1st Sep, 2013
Now I am still claiming HB.CTB. CTC. CB. and instead of JSA now we are
getting WTC. Otherwise we cannot bear the financial burden.

My eldest child is 8year old.

I have lots of paper regarding evidence.Like
My Companies Accounts till March 2013.
I have Last 7 years P60 around 30k per year
JSA Single Claimant letter and others my joint Bill Personal credit
card. Medical Card. Marriage Certificate my previous pay slip and so
many other as well.

Now my question is do you think I should attend the PEO appointment in
August or send by post because my wife will have only one pay slip
till August and if we send by post still will have again one month
payslip.

and what will be the answer of the Home Office regarding her
application SET(M) because i am still jobless and claiming HB.CTB.CTC.
and WTC . They will refuse her ILR application or she has any chance
to get ILR. If your answer is Refuse then Why? and if you think they
grant then How?

Please I am awaiting for your king response.

Thanks

Rose2013

[Amber]

On the benefits statement for HB and CTB what are the applicable amounts give? Does it say an amount for a couple - £112.55 or does it say an amount for a single person? Also have you been awarded £65.62 for each child and what was the Local Housing Allowance? Finally, do you have any savings and why are you receiving WTC?

[rose2013]

Thanks for replying,

Yes on my entitlement letter they just mentioned my name on the top of the letter nothing other than that even they said about couple or children and my HB. 196 pounds per week and CTB. are 12.69 pounds per week along with my 3 children.

I do not have any saving.

When I updated HMRC about change of circumstances that my wife is working now they started automatically WTC.

As far as my knowledge goes the Assessment Officer said that your wife is not entitlement for house benefit even in my Choice Home application they did not accept my Wife in the application and they just give me one bed room house Bid later I took British Citizen for my kids and than they entered their name and gave me a Bid for three bed room house still i do have those letter when they allowed one bed room house which was only for me.

[Amber]

That's ok as long as you're not getting any hb and ctb as your wife is subject to immigration control.

How much is your rent and how much is your wife earning per week Net?

[rose2013]

My total house rent is 850 pounds per month and and my wife will get probably 700 pound around per month.

[rose2013]

Pleaseeee Help me and and advise me some solution about my case. Pleaseeeeeeee

[Amber]

You need to be patient in waiting for a reply, volunteers here have other things to do too,

Please provide a full breakdown down of income including benefits and how many dep children you have.

[rose2013]

Thank you for your response,

Let me tell you, I do have 4 dependent Children.

Ages, 8+, 5+, 3+ and 5 month old baby.

I do not have any income, my wife got job in 1st July 2013 and will get salary around 700 pounds per month.

My benefits are as under.

CTC, 220 Pounds Per week.

CB, 60 per week.

WTC, 50 pounds per week.

HB, 392 pounds fortnightly, monthley i have to pay 850 pounds.

CTB, 12.89 per week.

and I am paying CT, 20 per month.

This whole what i am getting and i do not have any income.

[Amber]

Income support amount for a couple with 4 children = £112.55 + (4 x £65.62) = 375.03 per week

Rent = £458 (after benefit) per month or £105.70 per week

Amount of income needed per week = £480.73

Income:

Earnings = £161.54 per week

ChB and Tax Credits = £330 per week

Total = £491.54 per week

As you income exceeds the income support applicable amount, you should be ok as to adequately maintain your family.

[rose2013]

Thank you very much Amber.

can you provide some answer about this calculation, If you don't mind Please.

1- Please can you elaborate this calculation what does it mean.

2- How did you do this calculation.

3- What will be the effect of this calculation on my case.

4- Can I argue with IO, about this calculation and shown them in my defence.

Please do let me know.

Thank you.

[Amber]

The calculation is based on an immigration court case. The income support applicable amounts are freely available on numerous websites. The affect is, as I discussed, you should meet the adequate maintenance requirement for set(m).

[rose2013]

Thank you Amber,

Amber can you give me the Immigration Court Case reference which apply for Set(M) please.

Thank you for your kindness.

[Amber]

KA and Others (Adequacy of maintenance) Pakistan [2006] UKAIT 00065 (click) see also, Ahmed (benefits: proof of receipt; evidence) [2013] UKUT 84(IAC) (click)

You should ensure that your CTB/HB does not include any applicable amount (extra) for your wife.

[rose2013]

Thank you very much for your reply Amber.

Amber can you tell me that what is Income Support and rent after benefit, Frankly I could not understand this calculation and figure or amount you brought please can you explain it.

This is you shown.

Income support amount for a couple with 4 children = £112.55 + (4 x £65.62) = 375.03 per week

Rent = £458 (after benefit) per month or £105.70 per week

Amount of income needed per week = £480.73

The other part of your calculation I understand..

I am very grateful to yours.

[Amber]

The law states that people need a certain amount per week to live on, if they have below this amount then they can claim Income Support or its equivalent (subject to meeting the requirements). Therefore, in order for you not to be a burden on the state and be able to adequately maintain yourselves, you should have income equal or greater than the applicable amount in Income Support after housing costs have been deducted.

See here (click)for current benefit rates under Income Support.

[rose2013]

Good Morning Amer once again sorry to disturb you hope that you will not mind it.

Amber I have lots of documents please check it out and what do yo think that it will be enough for my wife Set(M) application or please suggest or arrange a list so that I can present them in orderly.

Documents are.

1-Marriage certificate.
2- Children Birth certificate.s
3- All Children British Passports.
4- My P60 for last 5yeras.
5- My wife online Bank Statement for last 4 months.
6- My two different Bank Statement for last 3 months.
7-My wife two different type of Credit card Statement for last 3 months. 8-I have 3years payslips when I was working before August 2012.
9- my Wife only one month payslip which is July one only.
10- Medical Exemption card both one. All these documents are separate names.
11- I do have CB awarding Notice on my name.
12- Rent Agreement on my Name.
13- My Previous Business Accounts for Both Companies.
14- And their Business Bank Statements.
15- Resignation from Directorship.

All these documents are separate names not on joint names.

Only these document are on Joint names.

1- Water Bill for last 10 months.
2- Electricity Bill for last 10 months .
3- Gas Bill around last 10 months are joint names. and
4- CTC on joint name due to legal requirement
5- WTC coming on CTC Awarding Notice and that is our both name but she is working and coming in my Bank Account. and HB, and CTB its on my name but on Council Tax Bill they mention her name due to an adult I think so and let me tell you that I will go to the council on Monday and ask them. are they paying any extra amount for my wife? but common sense says my HB and CTB Entitlement along with my 4 children more then 1000 pound per month and I am claiming only 850 pounds per monthly.

I do not have any joint Doctors Letter and joint Bank Statement will it affect my application.

Please if it is possible for you to please arrange a list.

Thank you very my for your Cooperation.

Thank You once again for your kindness.

[Amber]

Good Morning Amer once again sorry to disturb you hope that you will not mind it.

Amber I have lots of documents please check it out and what do yo think that it will be enough for my wife Set(M) application or please suggest or arrange a list so that I can present them in orderly.

Documents are.

1-Marriage certificate.
2- Children Birth certificate.s
3- All Children British Passports.
4- My P60 for last 5yeras.
5- My wife online Bank Statement for last 4 months.
6- My two different Bank Statement for last 3 months.
7-My wife two different type of Credit card Statement for last 3 months. 8-I have 3years payslips when I was working before August 2012.
9- my Wife only one month payslip which is July one only.
10- Medical Exemption card both one. All these documents are separate names.
11- I do have CB awarding Notice on my name.
12- Rent Agreement on my Name.
13- My Previous Business Accounts for Both Companies.
14- And their Business Bank Statements.
15- Resignation from Directorship.

All these documents are separate names not on joint names.

Only these document are on Joint names.

1- Water Bill for last 10 months.
2- Electricity Bill for last 10 months .
3- Gas Bill around last 10 months are joint names. and
4- CTC on joint name due to legal requirement
5- WTC coming on CTC Awarding Notice and that is our both name but she is working and coming in my Bank Account. and HB, and CTB its on my name but on Council Tax Bill they mention her name due to an adult I think so and let me tell you that I will go to the council on Monday and ask them. are they paying any extra amount for my wife? but common sense says my HB and CTB Entitlement along with my 4 children more then 1000 pound per month and I am claiming only 850 pounds per monthly.

I do not have any joint Doctors Letter and joint Bank Statement will it affect my application.

Please if it is possible for you to please arrange a list.

Thank you very my for your Cooperation.

Thank You once again for your kindness.

It's an overload of unnecessary documents. Firstly, none of your children's documents are required as they're Brutish and you won't be applying for them so none of their passports etc...

Second, try and get a letter from your wife's employer saying she has just started to work in July and ideally that her contract is permanent if you can as you've only got 1 wage slip. Thirdly, for cohabitation proof, for every 4 months of the last two years, include one joint letter or a letter each from a total of at least 3 different sources, all the other letters are not needed and just clutter.

The marriage certificate, both your passports, LIUK test certificate or equivalent and photo are also required.

The rent agreement is ok to include. You don't really need to include the benefit statements, keep them in a separate folder and only produce if the caseworker asks (I assume you're going for a premium appointment). Your cohabitation documents need to span as evenly as possible over the last 2 years. Things over two years are irrelevant so don't include them.

Regarding the housing and council tax benefit, on your benefit statement, look under the applicable amount and see whether it states an amount for a couple....£112.55 or not.

[Confused81]

Dear all,

I have some slight problem regarding my situation.
Kindly refer to the facts below:

1) Entered UK with my husband in June 2009 as PBS Dependant visa.
2) Both renewed PBS visa in June 2012.
3) Husband will qualify for ILR in June 2014.

Problem:
As a wife, stayed in UK since 2009 under PBS dependant.
Left UK in March 2013 - August 2013 (5 months gap) due to family member being critically ill.

Question:
Can I still submit as PBS dependant for ILR application together with my husband in June 2014? Will the 5 months gap affect his chances of getting ILR even if they reject my application on the basis of the gap?

Since the new ruling before July 2012 I must satisfy 2 years before ILR.
Does the 2 years mean backdating from the date of ILR submission or starting from the date I entered UK in 2009?

Would greatly appreciate your assistance on this matter. Thank you.

[Amber]

Providing you show evidence of the absence you should be ok i.e. a letter from the doctor. Absences for the dependent are permitted providing it is limited and for good reason.

[rose2013]

Thank you Amber for your reply and sorry for responding little late.
Housing Benefits and Council Tax Award from 17 Sep 2012.

Income you told us about.

Weekly Income. CTC 159.70 But now it is 220 pounds.
CB 47.10 But now it is 60 and
JSA 71 pounds which now already has finished and bottom written down your total income 230.70 pounds which is in September, 2012

According to the letter they say.

HOW MUCH LAW SAYS YOU NEED TO LIVE ON.

For you ( and your partner where applicable 111.45 pounds
Because you have a dependent child or young person 194.97 pounds.
because you have at least one child or young person 17.40 pound
Total Applicable Amount 323.82

Excess Income.

Income used in calculation 230.70
Les how much the law says you need to live on 323.82

Excess income 0 pound
Let me tell you i did not updated to the Council regarding my Wife job and my forth child. which i am going on Monday.
YOUR RENT
Rent payable 850 pounds per month and
Weekly rent payable 196.15
and your housing Benefits work out 196.15 pounds and
Council Tax Worked out 12.69 per month

this is all in September But now I am not claiming any JSA and instead of that WTC which is 51 pounds per week and CB 60 pounds and CTC 220 pounds

One more thing my Wife got wage slip and she got wages which is 728 pounds for this month.

If you need any thing more please do let me know.

Thank you very much.

[Amber]

Thank you Amber for your reply and sorry for responding little late.
Housing Benefits and Council Tax Award from 17 Sep 2012.

Income you told us about.

Weekly Income. CTC 159.70 But now it is 220 pounds.
CB 47.10 But now it is 60 and
JSA 71 pounds which now already has finished and bottom written down your total income 230.70 pounds which is in September, 2012

According to the letter they say.

HOW MUCH LAW SAYS YOU NEED TO LIVE ON.

For you ( and your partner where applicable 111.45 pounds
Because you have a dependent child or young person 194.97 pounds.
because you have at least one child or young person 17.40 pound
Total Applicable Amount 323.82

Excess Income.

Income used in calculation 230.70
Les how much the law says you need to live on 323.82

Excess income 0 pound
Let me tell you i did not updated to the Council regarding my Wife job and my forth child. which i am going on Monday.
YOUR RENT
Rent payable 850 pounds per month and
Weekly rent payable 196.15
and your housing Benefits work out 196.15 pounds and
Council Tax Worked out 12.69 per month

this is all in September But now I am not claiming any JSA and instead of that WTC which is 51 pounds per week and CB 60 pounds and CTC 220 pounds

One more thing my Wife got wage slip and she got wages which is 728 pounds for this month.

If you need any thing more please do let me know.

Thank you very much.

I think what I have highlighted should read:

APPLICABLE AMOUNT
Family premium : £17.40
Lone parent between 18 and pension: £71.70
Young child :£196.86
TOTAL APPLICABLE AMOUNT : £285.96

Although not much more, your applicable amount is currently higher because you're a couple (the £112.55). Except your partner is subject to immigration and your applicable amount should reflect this. Although you may receive the same amount of housing benefit, it needs to be changed to ensure there is no breach.

[Confused81]

Thank you Amber for your kind advise.

[rose2013]

Good Afternoon Amber.

Sorry to Disturb you once again.

Amber as earlier I said that I will go to the council today and I went there and updated information about my Wife's Employment and also my younger son as well.

Amber they told me that they will put my son name in housing benefit in or after 12 August because I have told them Late and about my wife they said they put or updated record from 15 of July and you will get the Housing benefit 530 pounds instead of 850 pounds and they decrease the amount probably 300 pounds per month and if we talk weekly now I am getting 140.45 pound per week instead of 196.15 pounds.

Amber will it be help me and they said award notice will come in 7 to 8 days. and tomorrow I am going to attend PEO.

Amber which amount should I need to write on the form my heart says that I should write the updated figure which 140.45 per week but I do not have any evidence only I have person name ,time , date, location and his position for my own reference Guy told me that DWP record has been updated. or

Otherwise I will have to write on the for form 196.15 pound per week that is old one

Please kindly can you tell me which figure I should write in the form in benefits Column

Thank you for helping me Amber

[Amber]

Well as you've not got the new benefit statement, I would just put what your current award is, and it's not final until you get your new award notice, which you'll have to check again to make sure it's right. It's quite a drop down.

[rose2013]

Amber I talk to council over the phone for double check and they gave me that same figure which is 140.45 which is currently without notice.

Thank you.