ESA and Housing benefit effects on ILR

[st helena]

Dear Sir
I am about to apply for my unmarried ILR. my partner recieves housing benefit and ESA ( income related ) and DLA ( low rate ) , I am not working and I care for him as he is mentally ill , I have passed life in the uk test and I have english language certificate at high level , unfortunately my partner's situation prevented me from working , how does this affect my ILR application ? how much in saving I have to show ? your help is really appreciated

[Amber]

Have you got savings? As you are under the old rules, there is no financial requirement per se but rather you should be able to adequately maintain and accommodate yourselves. What is a full break down of your benefits, including HB, CTB, ESA and DLA? What rent do you pay?

[st helena]

Thanks for your response Amber , I don't have much in savings around 1500, my partner receives around 110 in ESA 40 in dla perweek and 700pcm for housing benefit , due to mental sickness he is exempted for CT payments and I pay %75 of the bill , he recievs the full amount for housing benefit and they know that I am living with him and what my status is .

[Amber]

Based on what you've stated you should be ok. Providing the Housing Benefit includes a single persons applicable amount rather than a couple. Your partner should be claiming the Council Tax Benefit too.

[st helena]

Thanks for your response as my partner is over 35 and they know I have no recourse to public fund , and based on the local housing allowance website ,the allocated rate which shows no diference in couple and single rate for our post code , do I need to explain this to home office to reasure them that I haven't received any benefits ? on the other hand we are living at the same address as before I apply for my spouse visa and he is receiving the same amount as before .

[Amber]

The applicable amount on the housing benefit notification of entitlement should say ...an amount because you are single. So long as you list your incomes clearly, you should be ok.

[st helena]

Thanks but there is not such a thing on any of their letters and as I checked the rates on local housing allowance website I thought it's ok , I will ask them to provide me with a proof that the amount has not been increased as a result of me living with my partner, they also asked for my bank statements which I provided

[Amber]

You should be ok if you told them you were subject to immigration control.

[st helena]

Thanks a lot Amber for your kind help and soon response

[Amber]

Dear Amber ;
I am back with one more question , actually I read through below link

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

on page 49 it says if the sponsor needs to claim more benefits as a result of applicant's presence the application will be refused ,, does this apply just to spouse visa applicants or also ILR applicants ? I have never claimed any benefits and my husband has also never claimed anything more as a result of me living with him , how does this apply to my application for ILR ?

Your soon response is highly appreciated

[Amber]

It means that if the person not subject to immigration control is paid extra public funds for the applicant who is subject to immigration then they may be breach of their immigration restrictions which is a general grounds for refusal.

It does not mean that the person who is not subject to immigration control cannot claims benefits it just means some must only pay out an amount for that individual, hence the single person amount I quoted above.

What Country are your from and are you applying for set(m)?

The housing benefit and council tax benefit statements should be as detailed above. How much is the rent (before benefit)?

[st helena]

Hi thanks for your response I am from China and I am applying for set (m) ,
He receives full amount in rent from housing benefit and they know that I am subject to immigration control

[Amber]

Ok is it just yourself and your partner living together? What is the rent per week before benefit and has your partner claimed Council Tax Benefit as you said you were paying council tax?

[st helena]

yes its just two of us living there the rent is 161 per week and he has not claimed for council tax benefit as he is exempted and I am paying %75 of the applicable amount as I get %25 discount

[Amber]

yes its just two of us living there the rent is 161 per week and he has not claimed for council tax benefit as he is exempted and I am paying %75 of the applicable amount as I get %25 discount

Your partner should be claiming council tax benefit and get a 100% council tax benefit, don't know who advised you to pay council tax and your partner to be exempt. That needs to be sorted out.

Ok so s(he) gets full housing benefit. Your income Net per week should be £112.55 after deducting rent. The income can be ESA, DLA and HB in your case.

[st helena]

I read somewhere presence of non-EU wife increases the amount of council tax benefit by%25 and this might have negative affect on ILR application , as the sponsor can not claim %25 of single occupancy discount , so I decided not to take the risk and continue to pay this amount although it's really difficult being jobless , so your advice is that the breakdown of my husband benefits is enough for maintenance purposes ?

[Amber]

I think you're getting confused, but if you want to wait till after ILR that's your choice. When you do apply for council tax benefit/Reduction it should be 100% (subject to the amount the council says everyone must pay).

You should be able to meet adequate maintenance, are you applying by post or in person?

[st helena]

Thanks Amber , I really appreciate your time and advice , I am applying by post
one more thing I went to the council asked for the letter to say that I have not claimed any benefits myself or through my husband and they said my council tax payment means that I am not getting any benefits and that's enough

[Amber]

dear amber , do you think my case is straightforward or I need to include a cover letter as well ?

[Amber]

If you are applying via post the consider using the Settlement Checking Service (click)

I would include a letter stating how the income exceeds the applicable amount of income support and thus you are able to adequately maintain and accommodate yourselves. Moreover, I would state the benefits are paid on the basis of your partner and no additional amount is paid to you because you are subject to immigration control. I think it would also be wise to include a letter from your landlord to state that it is fine that you are living there if your name is not on the tenancy agreement.

[st helena]

I found a part time job sometimes before sending my application and I had no idea this would affect my partner's ESA , so I included both his ESA earnings and my own earnings as an income , after sending my application after sometimes he received a letter from jobcentre that says his ESA has been reduced significantly because of my part time job , what should I do now ? how do I inform homeoffice about this ?

[Amber]

The income should still be the same and or slightly increased due to the couple disregard for IR-ESA. Therefore, perhaps there is no need to report a change.

[st helena]

hi , I went for biometrics around 2 months ago and after that no response .. as we have recently moved to our current address , I found out there have been theft going on from the post boxes and I am really worried that I might have missed a letter from homeoffice .. how do I make sure about this ?

[Amber]

Call the UKVI and ask if there is anything outstanding on your case. Report the change of address on the online system.

[st helena]

thanks a lot for your advise , if they need more documents , do they normally ask for it before or after biometrics ? and how long normally takes to receive any news after biometrics ?