Benefits : affecting ILR? Read before starting new topic.

[Amber]

bobby_das were you granted ILR as a long resident? If so, why is your spouse not on FLR(M)?

[bobby_das]

bobby_das were you granted ILR as a long resident? If so, why is your spouse not on FLR(M)?

Hi Amber,
nice to hear from you,
yes i got ilr through 10 years long resident.my wife completes her 5 year tier1 visa in 11 months.so i did not change her to flr m.she can apply on her own right for ilr.can you please guide me

[Amber]

Sorry I thought you said she was a T1 dep, you can claim child benefit in your name.

[NaaNaa90]

Sorry I thought you said she was a T1 dep, you can claim child benefit in your name.

Hi all,

I am in a slightly different situation. I am a British citizen as is my son. Currently pregnant with 2nd baby. My husband came to the uk on spouse visa last year and will be applying next September for ilr.

my family and I will be homeless within a month due to overcrowding. I will be applying for a council house through THE PRIORITY HOMELESS route. I have been told on this forum that they should not include my husbands name in the assessment. However, tge council have said that even if his name isnt included they will still inform ukba thst he has recoursed to public funds as he is homeless.

To what extent will this affect his ILR application?

We will not be applying for housing benefit etc.

Do let me know as I am ina desperate situation, with 17 days to go until im forced to leave.

[m0379179m]

Hi ,

I just got my ILR under 10 years (as well as my wife and my two sons under same 10 years) today, what I need to do in terms of claiming benefit? What I’m entitled to claim exactly?
I have a daughter still not got British citizen as she born her, is that affect anything I claim?


thanks

[John]

That will depend upon how much you earn, and how much the family income is.

Go to the hmrc.gov.uk website and check out Child Benefit and Tax Credits.

[m0379179m]

thanks i will do.

Regards

[akhan426]

Hi John,

I have read through the thread but Im still confused. The question in the new SET M form is different. It reads: Are you or your partner receiving any
public funds? YES / NO

I am a BC and my husband is coming to the end of his 2 yrs after the flrm and we are applying for ILR on monday. My husband works full time, I receive CB, CTC and WTC. It all goes in my bank. TC was applied in joint names. What do I do?

Also, do I write the amounts I receive beneath the question?

And lastly, do I include the CB, CTC, WTC in the income table on the next page.

[Amber]

akhan426, your question has been answered! Please continue in your other thread.

[huqqapani]

i received ILR last week (long residence) and my wife who is currently on Tier 2 dependent visa. she is currently going through English language classes in order to satisfy language requirements etc. which may take few weeks/months.

my question is whether she could be classed as home student if she wanted to do part time courses from college i.e. hair/beauty, childcare courses etc.

[beckz121]

Hi im just wondering if john or anyone else can help me.
I am a british citizen my partner is on spouse visa and applying for ilr in a couple of months. I currently get housing benefit and council tax benefit. I do not work we have one child and one on the way. My partner works full time but has a lower income. When applying for the benefit the council took copies of his passport and his visa stamp ect will this now effect his ilr application. Any help or advice would be very much appreciated as i am so confused.
Also its me who gets the benefit and my name on the tenancy they know he lives here with us but he isnt down on the tenancy ect.

[Amber]

What Country is your partner native?

Does the Housing Benefit applicable amount say - 'an amount because you are a couple - £112.55'?

[John]

beckz121, before I reply fully, please confirm that your partner's income is being taken into account in the calculation of how much HB and CTB you receive.

Also, roughly how much gross income, before deductions, is your partner earning?

[beckz121]

Hi there my partner is egyptian and the housing benefit and council tax is purely based on his income as i do not get any income at all minus the child benefit of 20 pound a week. He earns around 13500 a year roughly give or take on how many hours ect he works in a week.
On my benefit letter is says couple one or both over 18 £112.55
Child treated as under 11 £65.62
Family premium £17.40
Please let me know if you need any more info
Thank you for your help

[beckz121]

John and amber any advice you have would be greatly appreciated i dont know where else to go to find out this information.
Thanks so much again

[John]

What is in play here, potentially, is para 6A of the Immigration Rules. This does not stop the claim for HB and CTB, but it does have something to say about the person with the time-restricted visa, with the "No Recouse to Public Funds" restriction, causing more such benefit to be payable because they are living there with you.

However on your facts it is clearly the case that less benefit is being paid because he is living there and earning that money, compared to if he was not living there and was not earning that money.

Hence, as para 6A says :-

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P's sponsor unless, as a result of P's presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor's joint entitlement to benefits under the regulations referred to in paragraph 6B).

-: but as less is actually being paid in HB and CTB, your partner ("P") is "...... not to be regarded as having ...... recourse to public funds ..... ". In other words, you have no problem at all.

By the way, you mention Child Benefit, but what about Tax Credits? Please confirm that you are also claiming Tax Credits, in the joint names of you and your partner. Such a claim would be totally OK, because of para 6B of the Immigration Rules.

[Amber]

See here (click) for a member's correct breakdown of HB where one member of a couple is subject to immigration control and not from an exempt Country.

[John]

But here of course nothing like £112.55 for the couple is actually being paid, in view of the income being generated by the visa holder.

If the £112.55 was actually being paid, because the visa holder was earning nothing or a low amount, then that would be a problem.

[beckz121]

Thank you john and amber for your replies.
I am now more confused, becuase my benefit award letter mentions 'couple' not single person and in ambers attachment that would mean he is getting public funds and in breech of the rules is this correct?? But john as you say if he wasnt living here i would be getting full hb and ctb so by him living here and working ect they are paying less in the benefit as we do pay part rent and nearly all council tax. We was claiming tax credits before but before i found this site was advised to stop the benefit as it would be held against us so we no longer get any tax credits.

So jus to go over one more time i dont earn any income at all but my partner who is on spouse visa does work full time and the hb ect is based upom his income as i dont have any income!
So sorry to keep on going over it i just really dont want nothing to be held against us and him be refused this would be a very hard time for us specially with having a newborn by then too. I really appreciate all your help, i dont have a clue about any of this! So thanks again

[John]

beckz121, your post confirms to me that para 6A of the Immigration Rules is in play for you, and thus for that technical reason, for you, the HB and CTB you are receiving is not within the definition of Public Funds.

We was claiming tax credits before but before i found this site was advised to stop the benefit as it would be held against us so we no longer get any tax credits.

Who gave you that advice? (No don't post the name!) I suggest you claim Tax Credits again as soon as possible. Also especially if you paid for that advice, consider suing to reclaim the amount of benefit you have lost.

[beckz121]

Thank you ever so much for all your help and advice hope you have a lovely new year

[Amber]

The issue would be, for example, couple A and B made a joint claim for HB, couple B was subject to immigration control and due to B's presence, there was increased entitlement to HB. This could be presented as A on his/her own was entitled to £5.50 HB, however, with B's presence, entitlement increased to £8.90. This would be a potential breach. If however, the entitlement didn't increase, as for example, the council ignored B when calculating an applicable amount, there would be no breach.

[beckz121]

Ok so amber how would i go about getting this changed? Do i need to ring up and speak to hb about this? Is this there error or ours?
Many thanks

[Amber]

I would contact them, perhaps go to the housing department and ask them run a calculation based on a single person/lone parent, plus children and family element, see if less benefit would be paid, if so, ask them to change it.

[M6J44]

Hi Amber / John / anyone,

Please help.

Two quick questions.

1.
Does the Yarce case that you refer to (adequate maintenance: benefits) [2012] UKUT 425 (IAC) mean that I am legally entitled to have my council permit a joint application for Housing Benefit and Council Tax Benefit where my wife is subject to immigration control with NRTPF's with the applicable amount assessed as a single person rather than as a couple? Can you explain the relevance of the Yarce case to this issue?

2.
In the situation where the council insist on HB / CTB claims being registered as a couple, do immigration officials base their assessment of whether or not the sponsored spouse has caused an increase in public funds as an average figure when taken over the full course of the two year probationary period?

Or would they simply say that since there was an increase in public funds for, in our case, 8 months that that is a breach of the public funds rule regardless of whether or not the overall burden on the public purse was reduced over the entire course of the probationary period as a result of the sponsored's salary over the remaining 16 months of that period? Do they take the broad or the narrow view?

Many thanks

S







BACKBROUND

My wife and I are about to apply for her ILR and we are wondering about how to deal with our housing benefit claim that we have had during the period of her spouse visa.

In our case, despite repeated requests to my local authority I was unable to succeed in getting them to permit a joint application for Housing Benefit and Council Tax Benefit with the applicable amount as a single person rather than a couple.

After reading your reference to Yarce, I wondered whether this is a case that is relevant to our situation that concerned parties involved are not aware of and whether or not it would mean I could claim, albeit retrospectively now, on the basis of a single persons applicable amount and as a result not breach my wife's public funds restriction.

For the first 8 months of her visa as a voluntary worker my wife was not able to earn any income and taken as a couple my HB and CTB rate obviously did increase during that period. However since then, after being taken on, for over a year now her income has resulted in a considerable reduction in my HB and CTB claim and then more recently since her increase in hours we are no longer entitled to the benefit at all.