Tier 1 & Housing

[newtier1]

I am on Tier 1 currently and like to go for New build home buy scheme which is on part buy part rent basis, does anyone know as being restricted visa status as Tier1, I can buy this home? will this have any impact on my ILR in future?

Will someone also provide contact info for UK immigration department
where I can make this enquiry?

Thanks

[John]

I am on Tier 1 currently and like to go for New build home buy scheme which is on part buy part rent basis, does anyone know as being restricted visa status as Tier1, I can buy this home? will this have any impact on my ILR in future?

This is not an issue. You are allowed to rent ... you are allowed to buy .... and indeed, your question, you are allowed to part-rent, part-buy!

Will you need a mortgage in order to buy your share?

[jhp]

I am on Tier 1 currently and like to go for New build home buy scheme which is on part buy part rent basis, does anyone know as being restricted visa status as Tier1, I can buy this home? will this have any impact on my ILR in future?

Will someone also provide contact info for UK immigration department
where I can make this enquiry?

Thanks

you can buy if you have the money. If your applying for a mortgage you might find only very few lenders are prepared to give you money and sometimes possibly at a higher interest rate or with a higher deposit (especially in the current market conditions)

[newtier1]

Thanks for your reply guys,

Yes, I am looking for mortgage for my share say either 50 or 75%,
the only thing I liked to know was, does shared ownership fall under govt benefit category? in that case it may affect ILR.

[John]

You have already had an answer to that. No it doesn't.

[majic]

I don't think it's that simple.. When u rent, u rent from a landlord.. when u buy, u buy from a home-owner... but when u part-buy part-rent there's government involvement... as these low cost housing companies are funded by government to aid first time buyers or those who can't afford to buy in one go...

so I think it's an issue related to claiming benefits.... Check with immigration office to confirm....[/quote]

[push]

I don't think it's that simple.. When u rent, u rent from a landlord.. when u buy, u buy from a home-owner... but when u part-buy part-rent there's government involvement... as these low cost housing companies are funded by government to aid first time buyers or those who can't afford to buy in one go...

so I think it's an issue related to claiming benefits.... Check with immigration office to confirm....

[/quote]

Thats not necessary. We have funded a number of housing schemes in which the developer offered the part equity part rent scheme. Councils and UK Gov too run similar schemes for key workers and for those with low annual income (Its highly unlikely that someone without a citizenship will be offered support from Government under any of such schemes).

[John]

I don't think it's that simple.

Yes it is! If you don't believe me go to para 6 of the Immigration Rules and read the definition of Public Funds!

It is absolutely not the case that benefits = public funds! You do need to read the restricted list of benefits as in para 6.

[newtier1]

Thanks to all for bringing in some knowledge,

BTW, to make it official what address can I contact (UKBA) regarding this?

I mean if someone can provide email address or postal address, I will
drop them lines and will revert back on this forum.

Regards

[push]

I don't think it's that simple.

Yes it is! If you don't believe me go to para 6 of the Immigration Rules and read the definition of Public Funds!

It is absolutely not the case that benefits = public funds! You do need to read the restricted list of benefits as in para 6.

Yes and also see below from the No recourse to public funds guidelines

Do any exceptions apply to housing assistance?
Two types of housing assistance count as public funds:
• An allocation of housing, or grant of a licence
or tenancy, by a local housing authority – for
example, through the ‘housing waiting list’.
• Housing assistance under homelessness
legislation.

However, there are other types of housing assistance that do not count as public funds:
• Housing provided directly by housing associations. These are independent organisations and are separate from local housing authorities.
• Housing provided by Key Worker Housing schemes.
• Housing provided by your employer – for example, if you are a nurse and you are living in housing provided by the local NHS Trust.
If you receive any of these types of support, it will not count as recourse to public funds.

[purplepple]

Hi newtier1, have you heard from the Home Office?

I am in a similar boat as you. I'm planning to buy a house through the Homebuy Direct scheme. Instead of part-buy, part-rent, the govt and builder will provide an equity loan so that one would not need to put up a big deposit.

When I registered with them, I declared that I'm not a UK citizen nor on ILR. Yet, they have approved my application. I just wonder if this counts as public funds and affect my ILR.

The approval letter came from a housing association so it looks like it doesn't count as public funds.

[purplepple]

I've already bought a house. But instead of going through Homebuy, the builder (eg Bovis, Barratt, George Wimpey) provides an incentive for first time buyers where they take care of the 25% of the price hence, I did not need to put up a deposit.

It is a loan for 10 years with no interest in the first 5 years so it's such a help for immigrants like me who want to be in the property ladder as soon as possible.

[yasa]

I am on Tier 1 currently and like to go for New build home buy scheme which is on part buy part rent basis, does anyone know as being restricted visa status as Tier1, I can buy this home? will this have any impact on my ILR in future?

Will someone also provide contact info for UK immigration department
where I can make this enquiry?

Thanks

in part buy/ part rent u pay for your mortgage plus rent aswell... but if u live in a conuncil property then housing benefits pay the rent.. so u r clearly fine....you are not at all taking any public funds..

[ChewPL]

I am on Tier 1 currently and like to go for New build home buy scheme which is on part buy part rent basis, does anyone know as being restricted visa status as Tier1, I can buy this home? will this have any impact on my ILR in future?

Will someone also provide contact info for UK immigration department
where I can make this enquiry?

Thanks

in part buy/ part rent u pay for your mortgage plus rent aswell... but if u live in a conuncil property then housing benefits pay the rent.. so u r clearly fine....you are not at all taking any public funds..

Hiya... I am absolutely same boat as you that wanted to get on the New Build Homebuy. I have actually been emailing to UKBA, and Neil, guy from Immigration Group replied me saying the scheme actually class as Public Fund, see below:

As you will have had to register with a housing organisation or local council to obtain the shared ownership availability this would class as a public fund. The rental half of the agreement is a subsidised housing scheme.

Please use the link below for further information:
http://www.ukba.homeoffice.gov.uk/sitec ... cfunds.pdf

[John]

I think the under-trained person on the UKBA helpline actually needs to read the leaflet referred to in that link!

Shared Ownership schemes do not tend to be provided by local authorities. They tend to be provided by Housing Associations. Go to page 3 of 7 of that link and read what it says under the heading "However, there are other types of housing assistance that do not count as public funds:".

[ChewPL]

I think the under-trained person on the UKBA helpline actually needs to read the leaflet referred to in that link!

Shared Ownership schemes do not tend to be provided by local authorities. They tend to be provided by Housing Associations. Go to page 3 of 7 of that link and read what it says under the heading "However, there are other types of housing assistance that do not count as public funds:".

Thanks.

Do you know if Tower Homes or Metropolitan Housing Group/Housing Options considered as independent organisations and are separate from local housing authorities?

Another question. In ILR application, there is Section 5 Your Home and Finances, a question 5.1 Is Your home in UK?
There option :
a) owned by you?
b) rented from a local council or housing association by you?
c) privately rented by you?
d) owned or rented by a relative or friend?
e) other? Give details below.

Obviously, if I already in the scheme, (e) is the option I should check it. But what you reckon I should write it? Under New Build Homebuy Scheme?

Or may be I should just check on (a) and (b) at the same time?

By the way, I'm a Work Permit Holder

[John]

Not living in London I don't know about either organisation, but a Google search shows that Tower Homes and Metropolitan Housing Trust are both Housing Associations. So separate from local authorities.

A and B ? Yes I agree.

[lovelymmx]

I just found the following paragraph on direct.gov.uk, wonder if that means the scheme is a sort of public fund?

http://www.direct.gov.uk/en/HomeAndComm ... /DG_171504


What is an equity loan?

Equity loan providers share in any rise (or fall) in the value of the property over the course of the loan. By repaying all or part of the loan sooner, you can reduce the amount your provider is entitled to receive when your home is sold. Equity loans for the HomeBuy Direct scheme will be provided by public funding and the house builders who are participating in the scheme.

[John]

You are confusing "public funding" with "Public Funds", as defined in para 6 of the Immigration Rules. That definition makes no attempt to cover all types of expenditure by the UK Government.

So to repeat, the funding we are talking about here is not within the definition of Public Funds.

[saqi18a]

Besides all the definitions as explained by John and other. Every Housing Agend knows as Landlords take the priority listings from LOCAL COUNCIL to which Tier 1 General individuals would need to get registered, meaning that local council will involve in making that decision that whether he/she deserve a property or not. So infact we are claiming assistance of Government/local council hence making problems for ILR application.

Definition of PUBLIC FUNDS in immigration Rules is as follows:
"public funds" means

(a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988;

(b) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers Act 1995, income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002.

(c) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;, income support, council tax benefit and, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995 or income related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007.
-------------------------------------------------------------

Can anyone further deliberate on it please? Thanks.

[John]

Besides all the definitions as explained by John and other. Every Housing Agend knows as Landlords take the priority listings from LOCAL COUNCIL to which Tier 1 General individuals would need to get registered, meaning that local council will involve in making that decision that whether he/she deserve a property or not. So infact we are claiming assistance of Government/local council hence making problems for ILR application.

If you are suggesting that every property allocated by a Housing Association is allocated at the behest of a Local Council, then I have to say that is factually incorrect.

Councils will tend to have nomination rights over so many housing units, but certainly not anything like 100%.

[AM1981]

Dear all,

Please can you let me know what happened to the ILR application as I am in the same circumstances.. I hope you all finally got the ILR!!

Regards
AM

[qasimali002]

Guys,

Anyone who participated in this post and applied for ILR got it without Shared Ownerhip being an issue?

Thanks

[zeberga]

I'm considering share to buy as well. See bold text below. The whole document is stamped "Valid from 21 February 2014".

https://www.gov.uk/government/uploads/s ... 2_0EXT.pdf

This page tells you when housing received through housing associations counts as a public fund.

Housing associations are different to housing authorities. They are independent, not for profit organisations that provide low cost housing.

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.

If a person applies to a housing association following a referral by the local authority or housing authority you must consider this as recourse to public funds.

If it is unclear whether it is a housing association or local authority providing the housing, you must contact the housing provider to establish the basis on which the applicant qualified.

Following this, I have decided to proceed.