Benefits : affecting ILR? Read before starting new topic.

[Tier12ILR2015]

Hi ,

I am on tier 1 general visa (Main applicant and will be eligible for ILR in 4 months), I have been claiming childcare vouchers for my son's private nursery place which I understand that not under public funds.

My wife (Tier 1 - Dependant) is also claiming childcare vouchers already. Her employer provides "Nursery Salary Sacrifice Scheme" in which they deduct full nursery fees from her salary before tax and they will pay childcare provider directly ,saving Tax and NI. We are not claiming child tax credit, believe child tax credit is different from salary sacrifice?

Could someone clarify following queries please?

1. Is it ok to join this scheme (opting out from vouchers) , being a Tier1 Dependant?
2. Is it against the clause "No recourse to public funds"?

Thank you very much.

[asimshah]

Hi Guys
New Member But found lot of helpful people are around on this forum
I just got ILR planning to apply for naturalization of my two daughters born in UK my son and my wife ILR is due in March
I am earning approx 700 A month after tax 560 I am director of the company
My wife is house wife she is not employed. I am not claiming any benefit.
Please guide me which benefit I can claim which will not effect my wife and my son ILR, ME( I THINK I CAN APPLY AFTER 1 YEAR OF ILR) AND MY DAUGHTERS NATURALIZATION

will highly appreciate all help very confused will highly appreciate your suggestions and guidance will wait for your reply

Thanks and best regards

[asimshah]

Hi Guys please reply
New Member But found lot of helpful people are around on this forum
I just got ILR planning to apply for naturalization of my two daughters born in UK my son and my wife ILR is due in March
I am earning approx 700 A month after tax 560 I am director of the company
My wife is house wife she is not employed. I am not claiming any benefit.
Please guide me which benefit I can claim which will not effect my wife and my son ILR,
Mine( I THINK I CAN APPLY AFTER 1 YEAR OF ILR) AND MY DAUGHTERS NATURALIZATION

will highly appreciate all help very confused will highly appreciate your suggestions and guidance will wait for your reply

Thanks and best regards

[hardip03]

hello john,

in December i got ILR on the basis of long residence, and now I'm applying for child benefit but my wife she is still on PBS dependant leave to remain visa and now she is in this country for almost 6 years. I would like to know
1. will applying for child benefit effect her when she apply to extend her visa?
2. can she apply form SET(m) or SET(O), because she has been in this country from july2008, as she has been now in this country fro more than 6 years.
3. OR she have to apply for form flr(m)

Many thanks and i appreciate your time and help

[aamir26]

I am a British and my son is British. My husband is Pakistani national and he is now completing his 2nd year of discretionary leave was granted 3 years In October 2011 and he was granted another 3 years November 2014. My question is taking housing benefit or council tax reduction can this affect him to apply for his ILR. in 2017. Cause when we applied his extension last year which he got in November we already told home office we were receiving child benefit, working and child tax credit.

Thanks if someone in the same situation as us will this affect

[itsahmedawan]

hello
i need some serious help pls on this forum
i am british citizen and i got merried last month with with a refugee status lady and now she wants to change her status from refugee status to my spouse visa.
my question is
before i got merried she was taking all benfitis coz she entitled to take all benifits as a single mom as well but now i have been moved with her so has stoped benifites and currently we r only taking benifites on the bases of child(child crdiet tax and half amount of housing(rent).will these benifit effect our application????
can we go for premium service for this case???
i will be very appreciate if some advice me on this topic
thnx
awan

[sobia]

Hello i have a confussion plz help me i im on ilr my wife is 2 year spous visa she applied her ilr after 2 year but prob is i have a disable child i recive dla/cb/ctc/hb i earn 16200 per year can u plz tell me my benifits affect her ilr or not many thanks

[sobia]

Hello i have a confussion plz help me i im on ilr my wife is 2 year spous visa she applied her ilr after 2 year but prob is i have a disable child i recive dla/cb/ctc/hb i earn 16200 per year can u plz tell me my benifits affect her ilr or not many thanks

[asimshah]

Hi John
Sorry I think this question is asked so many time I tried to find the answer but was unable to find a proper answer
I got ILR couple of month ago
I am claiming child benefit
Just want to make sure I can claim child Tax credit as well because it will be on joint names and my wife is still on dependent visa
I will highly appreciate if you please reply because forms are here and I need to send them ASAP
Will highly appreciate your help and support
Regards

[asimshah]

Hi John
Sorry I think this question is asked so many time I tried to find the answer but was unable to find a proper answer
I got ILR couple of month ago on 10 year basis
I am claiming child benefit
Just want to make sure I can claim child Tax credit as well because it will be on joint names and my wife is still on dependent visa
I will highly appreciate if you please reply because forms are here and I need to send them ASAP
Will highly appreciate your help and support
Regards

[Masquerade]

Hello, hope you can help...seems to be some knowledgeable people around!

My Mexican fiancée is currently applying for a fiancée Visa. Upon the issue of that Visa she will join me to live in UK where we will get married within the 6 months allocated to do so by the Visa. I am a British citizen with no restrictions on my rights to live here.

I am currently in receipt of various benefits:
Employment & Support Allowance (including Support group component and enhanced and severe disability premiums). The award appears to be part contribution based and part income related - I seem to get full contribution based payments for basic rate and support group elements
Disability living Allowance – low rate mobility and medium rate care
Local Council Tax – I get single person discount and full council tax support (paying 8.5% of the Council tax after single person discount applied)

I live alone in a house I own outright.

My query relates to how my benefits are impacted when my fiancée comes to live with me and more importantly how we ensure her application details are accurate and stay will meet issues of being "no recourse to public funds" as will be a condition for Visa.

Would I change my claim for Employment & Support Allowance into a joint claim and insist they do not pay any additional public funds? I presume I will lose severe disability premium as no longer will be single. But will I be able to get couple rate of ESA if contribution based? Also, Enhanced Disability Premium - I cannot determine if this is a public fund or not, would I be able to claim this at couple rate?

For Council Tax I see some old entries on the board regarding an anomaly of the law which arises when single person discount is lost and thus technically greater amount of council tax support could apply. Single person discount not public fund, council tax support is - so although more council tax would be payable, public funds received would also increase slightly. I note a moderator of the board suggested this was receiving some parliamentary interest back in 2014. I am enquiring about this with my local authority but so far nothing. I am wondering if it would be advisable to try and drop my single person discount claim now.. if indeed the council would allow that given I still would be living alone.

Thanks in advance for any advice.

[alam_m]

Hi there,
Could some one advise me if my daughter can get child benefit? the scenario is detailed below:
1. she received her ILR a few days ago on the basis of 10yr LR and is under 14.
2. Neither me or my wife has granted ILR yet ( application already made)
3. my daughter was born abroad.

please advise me.

Regards

[britain420]

Hi,

Im on ILR, currently I have bangladeshi passport. Only recently I have applied for my child naturalisation using MN1 form under section 3(i). My wife is my dependent from entrepreneur visa. My questions are..

1) What benefits can I claim without effecting my naturalisation (citizenship process)
2) If I claim any benefits will it effect my spouse ILR application later on.

Regards

[pnpatel3]

Better not to claim any.
It should say on your VISA stamp that you are not allowed to any Benefits...

[britain420]

I have checked my visa card. It says Settlement visa Indefinite Leave to remain. It does not mention anything about benefits.

[Amber]

Those with ILR or settled status have access to public funds.

[Kuchiness]

Hello guys,

I've searched the board but couldn't see the answer I'm looking for, and if it has already been discussed and I missed it, my apologies in advance.

I'm a British citizen and my husband is on his initial 30 months spouse visa. He is a non EEA citizen (Palestinian) and he has no access to public funds.
I'm claiming JSA and HB/CTR in my own right and getting the single person's rate and I let them know them that I'm married.

I know this is allowed so far, as long as I don't claim an increased rate because I'm married. The confusing part for me is that I am the sponsor of my husband and if I'm still allowed to claim these benefits as the sponsor. I'm not planning to stay on these benefits long but I'm wondering if this situation will affect my husband's citizenship application in 5 years' time.

Thanks for reading and for your replies

Kuchiness

[CR001]

I'm wondering if this situation will affect my husband's citizenship application in 5 years' time

He needs Indefinite Leave to Remain BEFORE he can apply for citizenship.

He will also need to apply for an extension of his visa on FLR(M) shortly before his current visa expires. The financial requirements will need to be me with the same sort of documents submitted for his initial visa, plus English A1. Joint incomes can be used for his extension visa on FLR(M).

If your situation is temporary and you plan on returning to work etc, it should not have any implications on your partners visa extension, indefinite leave to remain application or citizenship application.

[Casa]

Ensure that tax credits are claimed in joint names.

[Kuchiness]

Thanks for your reply. But won't they ask if I was ok to support him when he first got his visa and now I can't support him without the help of public funds? We are both looking for work by the way..

[Kartal23]

Hi. Please help me. I have got ILR and I applied council house the other day and I was asked to provide my wife visa and her home office paper work. Which is she is on dependant visa and no public funds . Council said we gonna call home office and check with them . My question is it might cause any problem for my wife with home office or not?

[Mo.No]

Hi

I am a PhD student and am on Tier 4 General Student visa. I have recently moved in with my partner who is a British citizen. Before we moved in together, she used to receive DLA, ESA (Support Group), Child Tax Credit and Child Benefit and was entitled to receive two bedroom Housing Benefit. After I moved in with her, she notified the local council and relevant departments about changes in circumstances and now all her benefits are stopped! She is informed by the local council that receiving HB may be viewed as a breach of immigration conditions of my visa because my immigration status is subject to no recourse to public funds. Even that I am not claiming any benefit and she is claiming for whatever she and her daughter are entitled to, I am apparently indirectly benefiting from her benefit. The tenancy agreement is a joint tenancy agreement and she has entered my name as her partner in HB claim form.
I am receiving around £1,150 a month as a PhD scholarship and we (me,her and her 14 years old daughter) are not really able to live on it. At the same time I do not want to get into trouble later when I have to apply for ILR or Tier 2 visa.
Is there anyone aware of how we can work around it? Any information and suggestion would be greatly appreciated.

Regards,
Mohamad

[mariacrawford2010]

I had no option but to claim benifits JSA, housing benifit and child tax credit.
I claimed these in my name only

I hope you didn't claim Tax Credits in your name only! It is a requirement, in respect of a couple living together, that any Tax Credits claim must be in joint names.

In the Immigration Rules, Rule 6 includes a definition of Public Funds. But immediately following are Rules 6A and 6B, and they are rather important to understand the benefits situation.

In respect of JSA it is even more complicated, given that there are two types of JSA ... contribution-based and income-based. Which did you claim? If it was income-based, and the following also applies to Housing Benefit and Council Tax Benefit, Rule 6A says you cannot claim more benefit because your wife is living with you, and you confirm that to be the case. If it was contribution-based JSA, then that is not within the definition of Public Funds, so absolutely no problem you claiming whatever amount, including increase for your wife.

Tax Credits! Absolutely no problem you and your wife submitting joint claims for Tax Credits, either in the past or now. The legislation .... reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by Rule 6B of the Immigration Rules .... states that where one of the couple is a person subject to immigration control (your wife) and the other of the couple is not (you) then for Tax Credits purposes only both are treated as not subject to immigration control .... and thus Tax Credits claims are totally OK, and for such a couple technically Tax Credits are not within the definition of Public Funds.

You do not mention Child Benefit. Is CB being claimed? You (and certainly not your wife) is totally OK to claim CB, and if a claim has not been submitted then it should be submitted without delay.

John, could you please confirm if this is still the case? my husband and i are just about to ask for remain to stay in uk for him. i am british, he isnt but i have received child tax credits and working tax credits. does he say YES to access to public funds in the form ? or NO as i applied for them? regards!

[Splitmoon]

Hello dear nembers! Will appreciate some clarification regarding tge following. Im currently on 30 month spouse visa applied after new rules. My spouse is british citizen. I also have a daughter from previous marriage who has same 30 month visa as me both of visas say no recourse to public funds. My husband submitted an application for counsil house couple of month ago and put me down as his partner put my national insurance number and submitted copy of my passport and brp and listed that me and my daughter will be moving to a house together with him if we ever get a counsil house. We also mentioned that am currently pregnant and expecting a child. My question is will this applicationfor counsil house in any way affect mine and my daughters future ILR application? Should we withdraw tge counsil house application asap as we still havnt geard anything back the counsil. Also, once our baby is born he/she will be britush citizen should my british husband apply for child benefit for british baby? Should he state intge CB applicationform that he has a spouse or there should be no mention of me and my national insurance number at all on tge application form to avoid troubles with ILR application in tge future?

[CR001]

Hello dear nembers! Will appreciate some clarification regarding tge following. Im currently on 30 month spouse visa applied after new rules. My spouse is british citizen. I also have a daughter from previous marriage who has same 30 month visa as me both of visas say no recourse to public funds. My husband submitted an application for counsil house couple of month ago and put me down as his partner put my national insurance number and submitted copy of my passport and brp and listed that me and my daughter will be moving to a house together with him if we ever get a counsil house. We also mentioned that am currently pregnant and expecting a child. My question is will this applicationfor counsil house in any way affect mine and my daughters future ILR application? Should we withdraw tge counsil house application asap as we still havnt geard anything back the counsil. Also, once our baby is born he/she will be britush citizen should my british husband apply for child benefit for british baby? Should he state intge CB applicationform that he has a spouse or there should be no mention of me and my national insurance number at all on tge application form to avoid troubles with ILR application in tge future?

Your husband can claim child benefit for the new baby and for your daughter without any effect on your visa and future ILR.

Just remember that for your next visa extension, you/hubby have to meet all the same requirements again, i.e income etc.