ILR WHILE PART TIME WORK AND PUBLIC FUNDS

[zeeshanzaheer]

dear member

one of my friend is married to a British national.
He was given spouse visa for 2 years.He have to apply for ILR in May 2014.
When he was granted visa she was working full time.But after the birth of child she could not continue her job and my friend is working part time.

They are now receiving Housing Benefit £88.83 child Tax credit £63.13 Working Tax Credit £80.83.The husband is working part time and earning £673.76 each month.The total rent is is £550 a month
As they are receiving benefits can they still apply for ILR? i had read once on this forum a formula to show the income while on benefit and i believe the £112.78 should be left after all deductions....i cant remember that .will they be under this category???
somebody told them to tart full time job before they can apply is it right???

[lynxukauq]

dont meant to be rude but isnt ur friend able to post this query on the forum...

[Amber]

Do they have savings, what Country is the spouse native, do they have children?

[zeeshanzaheer]

wife is British Husband is from Pakistan.
yep they have one child

[zeeshanzaheer]

they dont have any savings

[Amber]

Put all the figures down, including child benefit, HB, Tax credits and frequency the amount covers, i.e. weekly etc..

[zeeshanzaheer]

weekly payments income

Child Benefit £20
child tax credit £63.13
Working Tax Credit £80.83.
Housing benefit £88.54
Employment £168

rent is £550 monthly and weekly 137 approxmately

[zeeshanzaheer]

if you any further information please let me know.

[Amber]

A – B ≥ C

A minus B is greater than or equal to C.

Where:

A is the projected income (after deduction of income tax and national insurance contributions);

B is what needs to be spent on accommodation; and

C is the amount of Income Support an equivalent British family of that size can receive.

For the purpose of income, benefit income can be used as income as per the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance at page 2, paragraph 5.1(a). No benefit income is said to be excluded in the Immigration directorate instructions.

Therefore,

A, income is:

Child Benefit - £20.30
Child Tax Credits - £63.13
Working Tax Credits - £80.83
Housing Benefit - £88.54

Earnings = £168.00

Total income = £420.80 per week

B, accommodation costs:

Rent = £137.00
Council Tax - £20.00

Total accommodation costs = £157 per week

C, income support applicable amount:

An amount for a couple = £112.55 per week, amount for each child = £65.62 and family element = £17.40
The total income support applicable amount for my family unit including me, my partner and one child (112.55 + 1 x 65.62 + £17.40) = £195.57 per week

A at £420.80 – B at £157.00 = £263.80

As £263.80 is greater than C at £195.57 the adequate maintenance requirement is satisfied.

You can add Council Tax Benefit into income. I would make sure that Housing Benefit is awarding only a single person/lone parent applicable amount.

[zeeshanzaheer]

Thanks a lot Amber
such a comprehensive information
sorry to bother you once again but i could not understand
"I would make sure that Housing Benefit is awarding only a single person/lone parent applicable amount".
does it mean that Housing benefit should only be with the name of one person????

[zeeshanzaheer]

they have joint housing benefit .will it make any difference ???

[Amber]

It needs to be in joint names. However, the applicable amount of the statement should be for a single person/lone parent.

[zeeshanzaheer]

thanks a lotttttttttttt