housing benefits for couple help please

[xanx83]

Dear All

I would like to ask for your help please, basically im a British citizen and my wife who joint me recently is subjected to immigration control( spouse visa) and she has NO access to public fund, i have two children they are British as well. last week i applied for housing benefit and today i received a letter from you the council asking me if i wish to continue my application as my wife might be breaching her visa, i was the main applicant and i put her details there as she living with me, the benefit should go to my account and it same flat i been live for the past one and half year.

would it be possible to help me with that, is my wife breaching her visa? and
what should i write to the council please

im really desperate and i dont have any idea i really need your help

regards
San

[Lucapooka]

Similar discussion

http://www.immigrationboards.com/viewto ... highlight=

[Amber]

So long as you ensure you are only awarded a single person/lone parent amount (family element and child elements can also be included) there should be no problem.

[xanx83]

So long as you ensure you are only awarded a single person/lone parent amount (family element and child elements can also be included) there should be no problem.

Many thanks Amber for the quick reply but, how Can i do that, what shall i write in the respond letter to them? can you please help me. the letter that they sent it says that the claim will assess base on both of our details ?

[Amber]

Yes that is correct the claim should be in joint names, but tell them to only give you a single person/lone parent applicable amount. What is your spouse's native Country?

[xanx83]

Yes that is correct the claim should be in joint names, but tell them to only give you a single person/lone parent applicable amount. What is your spouse's native Country?

Turkish, Can i ask you for a favour please, would it be possible to help me in writing the letter for them, as i dont have any experience in such thing and i believe you will be a great support.

i really appreciate your help and support

[Amber]

As your spouse is a Turkish national she has an exception and can thus claim public funds as detailed in page 21 of the guidance (click). This includes housing benefit and council tax benefit/reduction, no need to have a single applicable amount so just ignore what I wrote above.

[xanx83]

As your spouse is a Turkish national she has an exception and can thus claim public funds as detailed in page 21 of the guidance (click). This includes housing benefit and council tax benefit/reduction, no need to have a single applicable amount so just ignore what I wrote above.

yeah I know that but she does not hold the Turkish passport ( she kurdish) and she hold an Iraqi passport because she lived there for the past 20 year. i know it sound complicated but i honestly still needing your help

[Amber]

Can she not get proof she is Turkish?

[xanx83]

Can she not get proof she is Turkish?

No, otherwise i would apply without any problem

[Amber]

Is she Turkish, if so, the Embassy should certify such surely?

[xanx83]

Is she Turkish, if so, the Embassy should certify such surely?

its complicated believe me, it would easy for me to apply for her as a turkish citizen rather than her current nationality, but turkish rule it totally different from her even if you were born in turky that does not give you the right to be turkish. and as i said she is kurdish originally. I know it sound complicated that why i need a prober letter to send it to the council to explain that she is not breaching her visa condition.

[Amber]

I'll search the benefit forum for another member who had similar questions and eventually received the correct award and what you need to expect. It is nicely laid out for you to understand.

[Amber]

See this (click) thread and see the breakdown the member received. I will by all means help with a letter, which I shall do for you this weekend.

[xanx83]

See this (click) thread and see the breakdown the member received. I will by all means help with a letter, which I shall do for you this weekend.

you are a life saver, Many many thanks for your help and understanding,

regarding the breakdown of the member that you told me about, what i have done i went to the benefit calculator of my council and i use it to see how much i might get. it give me the same amount if i include or exclude my wife from the claim, i have two kids living with me so im not sure if that was right or not, please advise

[Amber]

It may indeed give you the same amount but you should still ensure the applicable amount is not based on a couple.

[xanx83]

It may indeed give you them safe amount but you should still ensure the applicable amount is not based on a couple.

how can i make sure it will be based on a single/loan parent rather than a couple?

[Amber]

Dear Sir or Madam,

RE: Housing Benefit Clam.

I am a British national who is habitually resident in the UK and I am not subject to immigration control. I wish to make a joint application for Housing Benefit and Council Tax Benefit. However, as my spouse is subject to immigration control I wish for the applicable amount to be based on a single person/lone parent rather than a couple. This is so that my wife is not breaching her no recourse to public funds attachment on her limited leave to remain.

I understand that the actual amount of benefit awarded may be no different if the applicable amount is a single/lone parent or couple rate however, to meet the requirements set out in Yarce (adequate maintenance: benefits) [2012] UKUT 425 (IAC) I wish for the applicable amount to exclude my spouse.

I hope you understand and can accommodate my request.

Yours faithfully

[xanx83]

Dear Sir or Madam,

RE: Housing Benefit Clam.

I am a British national who is habitually resident in the UK and I am not subject to immigration control. I wish to make a joint application for Housing Benefit and Council Tax Benefit. However, as my spouse is subject to immigration control I wish for the applicable amount to be based on a single person/lone parent rather than a couple. This is so that my wife is not breaching her no recourse to public funds attachment on her limited leave to remain.

I understand that the actual amount of benefit awarded may be no different if the applicable amount is a single/lone parent or couple rate however, to meet the requirements set out in Yarce (adequate maintenance: benefits) [2012] UKUT 425 (IAC) I wish for the applicable amount to exclude my spouse.

I hope you understand and can accommodate my request.

Yours faithfully

Many thanks i really appreciate your help, just a quick question, what Yarce (adequate maintenance: benefits) [2012] UKUT 425 (IAC), means i did not understand that bit.

regards

[Amber]

It's a case which they can look up, they'll understand.

[xanx83]

It's a case which they can look up, they'll understand.

cheers, many thanks for your advice, it was a great.

the letter that they sent to us it said that she might breaching her visa condition, shall i chalange this one as well and write to them that since that im the main applicant and im apply for a single rate, that means she does not beaching anything.

what do you think?

[Amber]

Sounds good.

[xanx83]

Sounds good.

Amber last three question please,

1- do you think that i should also speak to the CAB so they can help as well?
2- shall I send the letter to the council or try to talk to them nicely and see what happening?
3- do you think that the council will report to the UKBA after all or this is just to back us from applying for the benefits?

many thanks

[Amber]

By all means see the CAB, try talking to the council first. I doubt they'll communicate with the UKVI.

[alistair_me]

Hi all,

I have read a number of feeds on the forum and I am still scratching my head in regard to the status quo on matters for claiming housing benefit.

My situation:
I am a British Citizen and my wife is a Filipino citizen. My wife came to the UK in July 2013 on a multiple entry spouse visa, however has no recourse to public funds, which I understand is the norm.

I lost my job through redundancy in October 2013 and have since made a claim for income based JSA as a single claimant, however declaring my wife at the same time. My wife does not work, however is seeking employment also.

I also submitted a claim for housing benefit, declaring my wife is living with me, however I am making the claim as a British Citizen. Birmingham City Council has since refused my claim on immigration grounds and that she has no recourse to public funds. I am not making a claim for Council Tax as this is paid for by my landlord due to being in a flat that is deemed as a multi-occupancy property. I had previously made a claim, before my wife came to the UK, for housing benefit, which was stopped due to getting employment, however when I made that claim as a single person I was given the full amount of benefit to cover paying for my rent. So, it would seem that my wife living in the property would make no difference to the amount of benefit I would receive as if I was living in the property alone. I have 30 days to submit an appeal.

I have two questions I would like to know the answer to before I appeal the council's decision:
1. Am I entitled to actually make a claim for housing benefit?
2. If I am entitled to make a claim then will this affect my wife's immigration status?

What the City Council are saying seems incredibly unfair as the situation I am in is, I hope, only temporary. It seems that the options the Council are giving to me is to either kick my wife out, so I can make a claim, or somehow pay my rent / bills / food etc using the £74 / week JSA, which doesn't even cover the rent.

Any advice is very welcome.

Thanks