ILR - Public funds - Shared Ownership

[rj.marsden]

Hi all,

Firstly would just like to say thanks to the administrators and contributors to this forum: it has been of great help!

My question is this:

My wife is going to apply for ILR shortly (we came to the UK 2 years ago, I am a British Citizen, and she has a spouse visa). We are wondering if under the clause regarding public funds, we may have an issue as we live in a shared ownership property (that is to say, we have a mortgage on a share in the property and the rest is owned by our local authority, and we pay rent on that share).

The mortgage and rental lease are in my name (she could not get her name on there without ILR).

Just wondering if anyone has had experience of this and could let me know if it did/didn't cause them problems.

Many thanks in advance all

[asim72]

Is the shared ownership house regarded as public funds?

[rj.marsden]

Hi asim,

This is what I am trying to figure out - if you asked me if I thought it counted as public funds, I would say yes it is indirectly public funds (indirect because you aren't getting a cash amount paid to you, but you are benefitting through public funds).

However on the form set (m) in the question "do you receive any other public funds" local authority housing is not one of the options you can choose.

My question arises because further up on the form we have to declare what our situation is regarding housing (homeowner, renting etc) so I will have to declare other and explain there.

Can anyone shed any light\ tell us what their experiences were?

Many thanks all.

[asim72]

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

Just check and see if you fall into any of the things classed as public funds under immigration rules. Have a good read through the document. I hope one of the benefits experts on the board will pick up the thread and comment.

[rj.marsden]

Hi Asim,

I wasn't aware of this document, many thanks for the link!

[rj.marsden]

That document is indeed very useful and easy to use!

For reference of anyone looking at this thread I think what I have found confirms we are OK (our property is through a housing association as opposed to local authority):

"People who are subject to immigration control can apply to a housing association and enter into a contract with them.

If they apply without being referred from a local authority or housing authority you must not consider this as claiming public funds."
In any case, the mortgage and tenancy agreements are both in my name only:

"A British citizen or a person settled in the UK who receives housing from a local authority can include their partner’s name on the tenancy agreement, even if their partner is subject to immigration control.

As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds."

On this basis I don't think we will have an issue with her ILR. If anyone disagrees please let me know!

Thanks again, Asim.

[asim72]

you have your answer.
good luck.

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