Council house when on spouse visa

NaaNaa90 · Post by **NaaNaa90** » Mon Nov 25, 2013 5:16 pm

Hi all,

My husband got here over a year ago on UK spouse visa. I am a british citizen as is my 2 yr old son.
We have been living with my uncle but he will soon be applying for his parents visas to come to the UK, so he has asked us to leave.

I have applied for a council house and want to know whether this will affect my husbands ILR application next year?
The council house advisor said that it will because I am applying through the homeless route (as my uncle has given us 28 days to leave). Advisor mentioned she will have to inform UKBA to let them know that my husband is included in the application.

We will be paying the rent- and will not be applying for housing benefit or council tax reduction.

Will this affect his application next year?

Thanks

Post by **Lucapooka** » Mon Nov 25, 2013 5:28 pm

I think it's extreme wishful thinking on the part of your uncle to assume that his parents can make sucessful settlement applications. Or maybe he is already aware of the near impossibility and is simply using this as an excuse to ask you to leave so he can alone.

You can apply for housing but your hubby cannot be included in the assessment. If you, individually,are granted, it is okay for him to live there.

NaaNaa90 · Post by **NaaNaa90** » Mon Nov 25, 2013 5:37 pm

Lucapooka wrote:I think it's extreme wishful thinking on the part of your uncle to assume that his parents can make sucessful settlement applications. Or maybe he is already aware of the near impossibility and is simply using this as an excuse to ask you to leave so he can alone.

You can apply for housing but your hubby cannot be included in the assessment. If you, individually,are granted, it is okay for him to live there.

Is there any truth to the fact that the advisor has to 'warn' the UKBA that my husband is also in a homeless situation?

Post by **Lucapooka** » Mon Nov 25, 2013 5:42 pm

The advisor is wrong to include your husband in the assessment and to do so will harm his future. The advisor should assess the application on the basis of just you and your child. Obviously that may mean a smaller property is allocated but that can't be helped as your husband has no entitlement to housing, emergency or otherwise.

NaaNaa90 · Post by **NaaNaa90** » Mon Nov 25, 2013 5:48 pm

Lucapooka wrote:The advisor is wrong to include your husband in the assessment and to do so will harm his future. The advisor should assess the application on the basis of just you and your child. Obviously that may mean a smaller property is allocated but that can't be helped as your husband has no entitlement to housing, emergency or otherwise.

Is there any proof/online documents pertaining to my situation? So I can show my advisor if she insists on this.

Post by **Lucapooka** » Mon Nov 25, 2013 5:55 pm

Who is your advisor? I had assumed you were referring to a person at the housing office. However, if, indeed, the person advising you is not competent, feel free to change.

NaaNaa90 · Post by **NaaNaa90** » Mon Nov 25, 2013 5:58 pm

Lucapooka wrote:Who is your advisor? I had assumed you were referring to a person at the housing office. However, if, indeed, the person advising you is not competent, feel free to change.

Yes its the housing advisor.

Post by **Lucapooka** » Mon Nov 25, 2013 6:04 pm

People at the council are not competent on immigration matters. Tell her to exclude your partner from the calculation and to see what is available on that basis. But, he can also live there if there is sufficient space. Unfortunately, emergency accommodation is often limited to rooms rather than self-contained flats. Good luck.

NaaNaa90 · Post by **NaaNaa90** » Wed Nov 27, 2013 11:59 am

Lucapooka wrote:People at the council are not competent on immigration matters. Tell her to exclude your partner from the calculation and to see what is available on that basis. But, he can also live there if there is sufficient space. Unfortunately, emergency accommodation is often limited to rooms rather than self-contained flats. Good luck.

Thanks. Ive just had a word with her and shes said that she has to invlude his name as I am applying through PRIORITY HOMELESS route and inform the ukba that he has recoursed to public funds.

I just want to kno if she does inform the ukba will it affect husbands ilr application and to what extent?

Post by **Lucapooka** » Wed Nov 27, 2013 12:23 pm

If he recourses to PF, generally , yes, otherwise why have the restriction in the first place. You should consult with am immigration lawyer before you do anything else. The immigration rules for ILR say:

and subject to a condition of no recourse to public funds unless the Secretary of State deems such recourse to be appropriate

So, one must assume if the UKBA permit this, it will be fine. Get written confirmation from the UKBA. However, there is no guarentee that it will be permitted but that is of no concern to the advisor at the council; she is merely saying what she must do rather than confirming that what she is doing is okay. Be careful!

NaaNaa90 · Post by **NaaNaa90** » Wed Nov 27, 2013 6:31 pm

Lucapooka wrote:
So, one must assume if the UKBA permit this, it will be fine. Get written confirmation from the UKBA. However, there is no guarentee that it will be permitted but that is of no concern to the advisor at the council; she is merely saying what she must do rather than confirming that what she is doing is okay. Be careful!

Hi again. I've just found some information regarding homelessness and limited leave to remain. Can you please have a look through this website and let me know if its ok.It sounds okay but I wanted a second opinion:

http://www.housing-rights.info/03_9_Wor ... plications

Youve been a great help.

Post by **Lucapooka** » Wed Nov 27, 2013 6:41 pm

Your partner is a restricted person. Basically it means that you may be granted accommodation that includes him but they can't take responsibility for any effect that may have on your partner's ILR application. Their concern is you and the baby rather than your partner's immigration applications some time in the future. So, it's really up to you and your partner if you wish to be housed on that basis (where he has knowingly recoursed to Public Funds). However, it does not mean he has been granted recourse to Public Funds by the Secretary of State. That would have to be sought by you on the basis of your predicament.

NaaNaa90 · Post by **NaaNaa90** » Wed Nov 27, 2013 6:46 pm

Lucapooka wrote:Your partner is a restricted person. Basically it means that you may be granted accommodation that includes him but they can't take responsibility for any effect that may have on your partner's ILR application. Their concern is you and the baby rather than your partner's immigration applications some time in the future. So, it's really up to you and your partner if you wish to be housed on that basis (where he has knowingly recoursed to Public Funds). However, it does not mean he has been granted recourse to Public Funds by the Secretary of State.

Would his case not fall under an exception to the recourse to public funds rule ? As it would be because of my needs and my childrens if we were to be housed through the Local authority.

On a side note, if I was to go down the homeless route and accept a house from the council, would his ILR application be downright rejected? Have you come across a case of anyone who did recourse to public funds but got ILR in the end?

Post by **Lucapooka** » Wed Nov 27, 2013 6:49 pm

NaaNaa90 wrote:Would his case not fall under an exception to the recourse to public funds rule

Yes it might but that is not the concern of the council and they can't confirm this. You would have to make your own pleas to the Secretary of State (aka UKBA) in the event that the council housed you in a property that included his name.

Post by **Lucapooka** » Wed Nov 27, 2013 6:52 pm

NaaNaa90 wrote:
On a side note, if I was to go down the homeless route and accept a house from the council, would his ILR application be downright rejected? Have you come across a case of anyone who did recourse to public funds but got ILR in the end?

Thenew FM immigration rules, under which he falls, expressly mentions Public funds and that is the paragraph I have cited in a previous post. It's too soon to know (no one on this site has posted such information) if anyone has been refused but it's there for a reason so one must be cautious.

Read pages 67, 68 of this document:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

NaaNaa90 · Post by **NaaNaa90** » Wed Nov 27, 2013 6:56 pm

Thanks so much for all your help. I'm in a desperate situation (though I may well regret it later!) and will go on with being housed through the council.

I suppose I will have to deal with the ILR application when the time comes.

Thanks once again.

Post by **Amber** » Wed Nov 27, 2013 7:59 pm

See page 16 on the public funds guidance and the exception for parents. Moreover, if the British citizen has made the request for homelessness assistance this should not be detrimental to the spouse.

NaaNaa90 · Post by **NaaNaa90** » Wed Nov 27, 2013 8:06 pm

D4109125 wrote:See page 16 on the public funds guidance and the exception for parents. Moreover, if the British citizen has made the request for homelessness assistance this should not be detrimental to the spouse.

Many thanks for your reply, Amber. This has somewhat relieved the tension.

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Council house when on spouse visa

Council house when on spouse visa