advice needed on benefits and immigration controll

[chana]

Hi all,

my husband isn't allowed to work or receive benefits due to immigration controll, hes been living in the uk for nearly 7 years and is awaiting a decision on a human rights claim from home office.
I'm currently claiming income support and housing benefit and have just given birth to my second child 3 weeks ago.

Does anybody know if my benefits wil be stopped or affected if i tell them my husband lives with us? im worried about what will happen to my family if this happens.
Also does anybody know if my husband can apply for work papers and if so how? He desperately wants to be able to work and support us so i can come off benefits.

Thankyou for reading my post, any advice would be appreciated

[Wanderer]

Where is he from? If it's not a dangerous country is there any reason he cannot return there and apply for a spouse visa?

[chana]

Thanks for the reply,
Hes from Iraq, we are only married islamically getting married in british law in january.
There is still alot of trouble there and its not safe for him to return yet

[Wanderer]

Thanks for the reply,
Hes from Iraq, we are only married islamically getting married in british law in january.
There is still alot of trouble there and its not safe for him to return yet

Isnt Iraq deemed safe now?

[chana]

no not all parts, you just don't hear about it on the news that often anymore

[Wanderer]

no not all parts, you just don't hear about it on the news that often anymore

Depends what the HO thinks really, not us or hearsay.

[John]

I have moved this to the Claiming Benefits section.

chana, you don't actually tell us anything about yourself. Are you British? If not, please give details of your UK immigration status.

Assuming you are British, or otherwise settled in the UK, you are perfectly entitled to claim benefits that your circumstances dictate you are entitled to. I presume you are claiming Child Benefit in addition to the benefits you mention, and what about Tax Credits? You are claiming Tax Credits? In your sole name, or in the joint names of you and your husband?

When your baby is a bit older, do you intend to go back to work, and leave the baby in the care of your husband? There is nothing in immigration law that stops someone looking after their own baby!

[chana]

thanks for the reply,
sorry for not giving more details earlier, yes i am british and claiming child benefits and child tax credits. I am claiming solely in my name, i wasnt aware i could do a joint claim i was always told that my husband cant be added onto anything like tenancy agreement for our home or any benefits so i have always just filled the forms in as a single person

[chana]

sorry i forgot to answer your question, yes i am hoping to get a job when the baby is older

[John]

i am british and claiming child benefits and child tax credits. I am claiming solely in my name, i wasnt aware i could do a joint claim i was always told that my husband cant be added onto anything like tenancy agreement for our home or any benefits so i have always just filled the forms in as a single person

In fact, as regards Tax Credits, just the reverse. In respect of a couple living together any Tax Credits claim must be made in joint names. Not to do that could amount to benefit fraud. Having said that, because he has not been earning, the amount of Tax Credits payable will be exactly the same after his name has been added to the claim.

Suggest you contact the Tax Credits office without delay.

Other benefits, in your sole name is fine, but don't try to hide his existence. After all, let's take Housing Benefit for example, after his visa situation is regularised and he starts earning, his income is also relevant in determining the amount of Housing Benefit payable. (Child Benefit is not means-tested, so his existence in the household is irrelevant, as regards that benefit.)

Until then his existence in the household, living with you, will have no monetary effect upon the benefits payable ..... in your circumstances .... that is, with two children in the household.

You mention a legal marriage in January. Has he already got a CoA ... a Certificate of Approval to Marry?

[chana]

thankyou for replying again and giving me all that information i really appreciate it.
Yes hes got a COA we have given notice to marry and everything has been confirmed.
I have told the jobcentre that my husband is staying with me at the moment because i need support and extra help with the kids because i had a section 3 weeks ago and im not allowed to lift anything heavy etc, the woman on the phone told me my money might stop now even though im not receiving any extra money and he might have to move out and told me to ring child tax credits to inform them. Im now really worried that im going to get into trouble for not informing them earlier. I honestly didnt know i could make a joint claim or i would have done all of this in the first place.

[John]

the woman on the phone told me my money might stop now even though im not receiving any extra money and he might have to move out

I am appalled. There is no way he has to move out in order to preserve your benefit position.

If anything like that is said again, ask for the name of the person's line manager and make it clear you will be complaining.

Previous lack of joint claim for Tax Credits? I would not be too concerned. After all there is no income of his that needs to be taken into account. But nevertheless best you tell them first, before you get a knock on the door at some unearthly hour.

[VT]

Hi all,

my husband isn't allowed to work or receive benefits due to immigration controll, hes been living in the uk for nearly 7 years and is awaiting a decision on a human rights claim from home office.
I'm currently claiming income support and housing benefit and have just given birth to my second child 3 weeks ago.

Does anybody know if my benefits wil be stopped or affected if i tell them my husband lives with us? im worried about what will happen to my family if this happens.
Also does anybody know if my husband can apply for work papers and if so how? He desperately wants to be able to work and support us so i can come off benefits.

Thankyou for reading my post, any advice would be appreciated

Not sure i'll be of any help but i'm in a similar situation and when i contacted the job centre i was told that i couldn't claim Income Support due to the fact that i was living with my partner. A non-dependant deduction couldn't be taken because that only applies to friends, relatives or other people who may be living with you.

Reading that back i sort of think i'm replying for no reason! and it's not going to help but i'd go to the Job Centre and explain your situation.. Get them to assess it and they'll tell you exactly what you're entitled to by doing an assessment on the computer while you wait.
It's best to tell the truth about your partner, atleast you won't have anybody knocking at your door a few months down the line demanding an explanation.

Good luck x

[John]

i contacted the job centre i was told that i couldn't claim Income Support due to the fact that i was living with my partner. A non-dependant deduction couldn't be taken because that only applies to friends, relatives or other people who may be living with you.

Again I am appalled. Are you circumstances the same now? If they are insist on making a formal Income Support claim, don't take no for an answer, and if they reject that claim they will have to do so in writing, and tell you how to appeal against that rejection.

If you are continually told you can't make a claim, that is they will not let you make a claim, insist upon seeing the Manager and insist upon being able to submit a formal claim. If still told you can't then ask for the name and address details of the Divisional Manager, and make it clear that you will be complaining to them.

[chana]

thankyou for yor replies. A woman from the jobcentre came to see me yesterday, i explained my situation to her, she said it will be passed onto a decision maker. She wasnt sure what will happen but said i might have to go onto job seekers allowance instead of income support.

[John]

.... but said i might have to go onto job seekers allowance instead of income support

Hmm .... still not impressed! Just 3 days ago you posted about a 3 week old baby. No way can you be made to sign on and look for work. Certainly not while your baby is that young.

[chana]

yes i know i really don't want to leave my baby yet and have to work until hes older. I will just have to wait till i receive a letter from the decision maker and hope they say i can stay on income support.

[Danbrix]

From personal experience ... you will be on income support up until your baby is 1 year old. Your partner will then be expected to look after your child when you are switched to JSA.

[chana]

thanks for the reply.
Hopefully my husband will get a work permit or indefinate leave to remain by then so i won't need to be on benefits and will be able to stay home until im ready to leave my baby and go back to work

[John]

Hopefully my husband will get a work permit or indefinate leave to remain by then so i won't need to be on benefits and will be able to stay home until im ready to leave my baby and go back to work

You have every entitlement to stay on benefits, dependent upon your circumstances at the time.

For example, assuming your husband gets the appropriate visa, and therefore permission to work, you will still be entitled to Child Benefit, which is not means-tested, and also to Tax Credits (a joint claim with your husband) unless the family income nicely exceeds £50000 per year.

[VT]

i contacted the job centre i was told that i couldn't claim Income Support due to the fact that i was living with my partner. A non-dependant deduction couldn't be taken because that only applies to friends, relatives or other people who may be living with you.

Again I am appalled. Are you circumstances the same now? If they are insist on making a formal Income Support claim, don't take no for an answer, and if they reject that claim they will have to do so in writing, and tell you how to appeal against that rejection.

If you are continually told you can't make a claim, that is they will not let you make a claim, insist upon seeing the Manager and insist upon being able to submit a formal claim. If still told you can't then ask for the name and address details of the Divisional Manager, and make it clear that you will be complaining to them.

Yes, they are still telling me i cannot claim income support when i move in with my partner.
I received a phone call from somebody at the Job Centre and he was asking me if i live with my partner who is subject to Immigration control at the moment.. I said no, because i'm not, and they just said they'll be in touch soon.

& when i went to see somebody at the centre they told me i could only claim Child tax credits, child benefit and maternity allowance (already claiming maternity allowance) when i move in with my partner. But NOT Income Support, so i will have to stop the claim when i move in with him.

[SBT_Owner]

John i would not wish to argue with you , but i feel you have got carried away ..

Again I am appalled. Are you circumstances the same now? If they are insist on making a formal Income Support claim, don't take no for an answer, and if they reject that claim they will have to do so in writing, and tell you how to appeal against that rejection.

Uk tax payers should not have to pay to support a illegal immigrant so do not feel appalled . A guy that is healthy and can work yet during 10 years in this country took the choice not to work should not be supported by the benefit system .

10 years is a long time , easily enough time to become a legal immigrant and get a job . During that time he would of paid taxs which then would of given him a right to claim benefits when needed ... but the guy has given the country nothing and sat on his arse for 10 years having others support him ... that is the choice he made and is his mentality , thank god most immigrants do not share his attitude and come here to work and add value to the country .

The benefit system was created to help those in need , not be abused by illegal immigrants . The same can be said of council housing of which the above mentioned will be looking to get also (all bills paid by uk tax payers of course) .

This site offers great advice but when that advice is helping people take from the benefit system then it is wrong . And yes i know the person in this case says the benefits do not support this illegal , she fully supports him .... yet she lives off benefits .

Let us praise honest hard working immigrants ... great job guys *thumb up* . Sadly you get afew rotten eggs also

[John]

when i went to see somebody at the centre they told me i could only claim Child tax credits, child benefit and maternity allowance (already claiming maternity allowance) when i move in with my partner. But NOT Income Support, so i will have to stop the claim when i move in with him.

Again, this is utter rubbish.

So presently you are not living with him, so even they do not think there is a problem at the moment. Proceed to get all those claims in place, and being paid.

Then when the two of you start living together, report that to all relevant offices, for example the Tax Credits office, because the Tax Credits claim will need to go into joint names.

As regards Income Support, if you then get a letter notifying you you are not entitled, they will have to tell you how to appeal against that decision. And do then appeal.

VT whereabouts in the UK are you?

[John]

Uk tax payers should not have to pay to support a illegal immigrant so do not feel appalled

No one here is suggesting that. You need to read more carefully. The situation here concerns the entitlement of a British Citizen to claiming benefits.

[SBT_Owner]

Uk tax payers should not have to pay to support a illegal immigrant so do not feel appalled

No one here is suggesting that. You need to read more carefully. The situation here concerns the entitlement of a British Citizen to claiming benefits.

Post history is a handy feature .

Yes we are talking about a British citizen claiming benefits but it is a BC who in earlier posts says she finacially supports a illegal immigrant . So benefits she earns are used so a illegal immigrant can live without needing to work .

I was raised to work and have always done so , reading the comments posted a week ago shocked me to be honest . 10 years living off others as a illegal immigrant is a disgrace , this guy should get a job/visa and not have some young BC desperately hunting for benefits to support the bum . I do not work hard so a fool can spend 10 years laying on a sofa watching tv . It is milking the system .

This post is not meant in a negative way towards you John , but as a uk tax payer i feel very strongly about this issue and really was shocked when i saw earlier posts by her .