Tier 1 to ILR - Council tax exemption

[cautiousilrapplicant]

I would really appreciate if some one can clarify the below for me. I am due to apply for ILR for my wife and myself next month.

I am on Tier 1 general visa. My wife is on PBS dependant visa and she is also a full time student.
Our city council have applied a FULL council tax exemption to our property because one of the occupant is a full student (my wife) and the other occupant (myself) is her non British Spouse who has 'no recourse to public funds' stated on the visa.

I know that the council tax exemption is not a public fund but am I in breach of the immigration rules for a Tier 1 general visa because of this council tax exemption?

Thanks

[Amber]

An exemption is not a public fund and so long as the exemption is valid then it's fine.

[cautiousilrapplicant]

so long as the exemption is valid then it's fine.

Thanks a lot Amber,
It would be great if you can clarify the below please.

When you say 'so long as the exemption is valid' do you mean that so long as we are eligible for exemption in the first place OR do you mean to say that so long as we promptly inform the council if the circumstance changes?

[Amber]

So long as you're eligible, you must also report any change of circumstance.

[cautiousilrapplicant]

So long as you're eligible.

Thanks a lot Amber.

Would you be kind enough to give your opinion on the eligibility of my council tax exemption based on the info in my first post please?

[Amber]

Yes you should be eligible as your spouse is a full time student and you are subject to immigration control.

[cautiousilrapplicant]

Yes you should be eligible as your spouse is a full time student and you are subject to immigration control.

Thanks a lot Amber

[moviesmastimagic]

Council tax exemption is not a benefit from public funds - so you are alright there. I used to get Single Person discount and it did not affect my extension.

The important point is, were you working while on dependent visa? You are allowed to work, but the law says that even if there is one adult at home who works full time, then the student exemption cannot be applied.

If you were not working when you applied for exemption, but since found work, you should have informed the council which would have stopped your benefit immediately.

I think the council worker who gave you exemption would have misunderstood your visa endorsement to mean that you are not allowed to work, which is not correct.

While you are not claiming any recourse to public funds, the law regarding council tax exemption might have been broken. I would advise you to speak to your council and clarify asap

Regards,
Arun

[Amber]

Council tax exemption is not a benefit from public funds - so you are alright there. I used to get Single Person discount and it did not affect my extension.

The important point is, were you working while on dependent visa? You are allowed to work, but the law says that even if there is one adult at home who works full time, then the student exemption cannot be applied.

If you were not working when you applied for exemption, but since found work, you should have informed the council which would have stopped your benefit immediately.

I think the council worker who gave you exemption would have misunderstood your visa endorsement to mean that you are not allowed to work, which is not correct.

While you are not claiming any recourse to public funds, the law regarding council tax exemption might have been broken. I would advise you to speak to your council and clarify asap

Regards,
Arun

That is incorrect information and you should understand the benefit rules before posting. The OP is subject to immigration control as is his spouse, the spouse if a full time student so they should both be exempt. If he were not subject to immigration control then he would not be considered exempt. The rule is, the spouse is either subject to immigration control and/or not allowed to work, not both requirements.

The dwelling should still be exempt if your spouse, civil partner or dependant is not a British citizen, and has been given permission to be in the UK (given ‘leave to enter’ or ‘leave to remain’) with a ‘no recourse to public funds’ condition or a prohibition on employment endorsed in their passport, or on their UK identity card ('Biometric Residence Permit' or 'Identity Card for Foreign Nationals'). This covers almost all spouses, civil partners and dependants from outside the European Economic Area (EEA) or Switzerland who come to join an international student in the UK. The Council Tax section of the UK government's website sets out the entitlement to exemption for full-time students.

[cautiousilrapplicant]

The important point is, were you working while on dependent visa? You are allowed to work, but the law says that even if there is one adult at home who works full time, then the student exemption cannot be applied

I agree with Amber that the above information is incorrect.
See 10.(a)(ii) in
http://www.legislation.gov.uk/uksi/1997 ... ph/10/made