- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Yes, there is no issue here provided he earns the minimum income amount for a minimum of 6 months.- as long as we earn the minimum £18600 in employed salary we are still eligible to apply for ILR under the same 5 years route regardless of whether he gets further benefits or not?
- Would this still be possible if he was on part time job and only earned £10000 but adding his benefit would total over £18600 a year?
See above.Are people still eligible to apply for ILR at the end of their 5 years in such circumstances?
He needs to have a minimum of 6 months earning at the required level. You cannot use benefits to top up the financial requirement to meet it.this happened last year and put us under huge stress thinking we won’t be able to apply under the 5 years route anymore and he pushed himself hard to find another full time job which to be honest is not at all suitable and convenient for him but he had to take it to earn over £18600!
Because of taking CouncilTax Reduction( which is a Public Fund) with a NRPF partnert? That warning was put on this sticky. Renting in joing names with a NRPF partner and claiming Universal Credit, is also in that sticky.
Thanks for an informative replyCR001 wrote: ↑Thu Sep 08, 2022 12:15 pmYes, there is no issue here provided he earns the minimum income amount for a minimum of 6 months.- as long as we earn the minimum £18600 in employed salary we are still eligible to apply for ILR under the same 5 years route regardless of whether he gets further benefits or not?
- Would this still be possible if he was on part time job and only earned £10000 but adding his benefit would total over £18600 a year?
You cannot use benefits towards meeting the income requirement. It can only be either of your salaries and must be for a minimum of 6 months. Benefits money is not his money, it is the taxpayers/governments money.
See above.Are people still eligible to apply for ILR at the end of their 5 years in such circumstances?
He needs to have a minimum of 6 months earning at the required level. You cannot use benefits to top up the financial requirement to meet it.this happened last year and put us under huge stress thinking we won’t be able to apply under the 5 years route anymore and he pushed himself hard to find another full time job which to be honest is not at all suitable and convenient for him but he had to take it to earn over £18600!
Thanks for pointing this out. We live in a privately rented house and tenancy agreement is in my husband’s name only.JB007 wrote: ↑Thu Sep 08, 2022 12:21 pmBecause of taking CouncilTax Reduction( which is a Public Fund) with a NRPF partnert? That warning was put on this sticky. Renting in joing names with a NRPF partner and claiming Universal Credit, is also in that sticky.
claiming-benefits/universal-credit-clai ... l#p2049469
Many in such positions have gotten ILR without issues, so all the evidence shows that such fine details and definitions are not being taken into account by the UKVI. I would only worry about this if turns out to be an issue with UKVI. The OP has no choice but to press on with their ILR application regardless of these detailsJB007 wrote: ↑Thu Sep 08, 2022 12:21 pmBecause of taking CouncilTax Reduction( which is a Public Fund) with a NRPF partnert? That warning was put on this sticky. Renting in joing names with a NRPF partner and claiming Universal Credit, is also in that sticky.
claiming-benefits/universal-credit-clai ... l#p2049469
I am in the same situation , i still dint understand , we are renting and tenancy agreement is under my partners name but he receives council tax deductions and both our names appear on council tax statements , my partner explain it to council and they said they cant remove my name as they put every ones name who resided in the property.Liliana5 wrote: ↑Thu Sep 08, 2022 12:29 pmThanks for pointing this out. We live in a privately rented house and tenancy agreement is in my husband’s name only.JB007 wrote: ↑Thu Sep 08, 2022 12:21 pmBecause of taking CouncilTax Reduction( which is a Public Fund) with a NRPF partnert? That warning was put on this sticky. Renting in joing names with a NRPF partner and claiming Universal Credit, is also in that sticky.
claiming-benefits/universal-credit-clai ... l#p2049469
Would we be ok with the above ( our current financial condition) ?
You were not told it was ok to receive Council Tax Reduction. You were given a link to this, which advised to take specialiast immigration advice.
Finally, council tax reduction (CTR) can be claimed with UC, but the rules are different. CTR is also a public fund; however unlike UC the Local Authority cannot separate the partner with NRPF from the award, and CTR is a single claim with a partner included. This may result in additional public funds being paid to the partner with recourse, which could then breach the NRPF condition. An exception could be if the amount of CTR is the same for the claimant even if the partner is included, for example if the claimant would still be passported to full CTR.
Also there is an additional problem if the person with recourse were entitled to a single person discount in their council tax, in which case CTR is calculated on 75% of liability. If the presence of the partner with NRPF results in the loss of the single person discount, CTR is then calculated on 100% of liability, which could result in additional public funds being paid to the claimant.
Again, specialist immigration advice should be sought before advising a claim for CTR,or indeed in any circumstances where there may be a concern about breaching the NRPF conditions attached to a partner’s leave.
How did you get on with your application? I’d be interested to know.arshah wrote: ↑Sun Sep 18, 2022 2:46 am
I am in the same situation , i still dint understand , we are renting and tenancy agreement is under my partners name but he receives council tax deductions and both our names appear on council tax statements , my partner explain it to council and they said they cant remove my name as they put every ones name who resided in the property.
Where in the article did it say that for Council Tax Reduction? From the link given-
On a salary of 20k he won't get full CTR.Finally, council tax reduction (CTR) can be claimed with UC, but the rules are different. CTR is also a public fund; however unlike UC the Local Authority cannot separate the partner with NRPF from the award, and CTR is a single claim with a partner included. This may result in additional public funds being paid to the partner with recourse, which could then breach the NRPF condition. An exception could be if the amount of CTR is the same for the claimant even if the partner is included, for example if the claimant would still be passported to full CTR.
Also there is an additional problem if the person with recourse were entitled to a single person discount in their council tax, in which case CTR is calculated on 75% of liability. If the presence of the partner with NRPF results in the loss of the single person discount, CTR is then calculated on 100% of liability, which could result in additional public funds being paid to the claimant.
Again, specialist immigration advice should be sought before advising a claim for CTR,or indeed in any circumstances where there may be a concern about breaching the NRPF conditions attached to a partner’s leave.
You have been advised before that this is extremely unlikely to have any effect on your application. You do NOT need to go back and forth for these minor details. UKVI will question this if it is really an issue for them. I suggest not wasting any time on this as advised before. UKVI very rarely checks with DWP or local departments on these issues and only if there is intelligence that there has been evidence of abuse or they are suspecting it. I do not see any issues in your case or wrongdoing so I suggest you move on with your application rather than wasting time on this.