Do I qualify for ILR - My husband gets housing benefits

[Marion.Thatcher]

Here is my situation. I'm currently on a spousal visa which expires in May 2010 so I have to apply for my ILR in April. We arrived in the UK on 29/6/08. I am curently employed. I do temp work through an employment agency. In all the time I've been here I only haven't worked for a total of 2.5 - 3 months.

My husband has been claining housing benefit for 11 months but at the council they know that I'm on a visa and that I have no recourse to public funds. They also know that I'm working and what I weekly income is. He also receives child tax credits.

Will this effect my ILR application? Will I be declined? We have 2 children and will there application be effected?

Please help as I really do not want to go back to South Africa.

[mykebolton]

Hi.......I want to assume your husband is a british national cos you said you are on a spousal visa..If this is the case,I don't see anything affecting your right to Indefinate leave to remain...your husband in his capacity can claim entitled benefits on behalf of the family..what matters is when you are filling your application make sure you are sincere by answering YES to the question about either you or your partner claiming benefits...It is your husbands entitlement and because the social benefits office will treat it as fraud if he claims as single when he is married definately your national insurance will show that you are in receipt of benefit as a family but your husband is the main claimant under his entitlement.....you can explain this in the additonal information section of your ILR form....In summary you should be fine as long as your husband is qualified for the entitlements and you are honest with your answers.

[gj2000]

Hi,

Sorry to ambush your post, but can i ask how your husband gets housing benefit at all? i was under the impression that you would be denied a spousal visa if he needed public funds to support you whilst you're in this country?

The reason i ask is because that is my situation. i am claiming housing benefit due to ill health and cannot get my wife over here because i 'have no means to support her without recourse to public funds'.

Is there a magic wand somewhere??

[mykebolton]

Hello,each application is been considered based on individual circumstance..if you are claiming housing benefit and your partner that you are trying to sponsor have good academic qualification or can prove that he/she stands chance of getting on the employment ladder in the UK,then he/she stands better chances of getting the spouse visa.....In terms of Immigration and claiming recourse to public funds i.e housing benefits,what matters is if you'll need to claim more benefits due to your partner joining you...so there is no magic anywhere,try to get your partner prove that he/she can gain employment ASAP on arrival in UK.

[ElenaW]

Hi,

Sorry to ambush your post, but can i ask how your husband gets housing benefit at all? i was under the impression that you would be denied a spousal visa if he needed public funds to support you whilst you're in this country?

The reason i ask is because that is my situation. i am claiming housing benefit due to ill health and cannot get my wife over here because i 'have no means to support her without recourse to public funds'.

Is there a magic wand somewhere??

As long as you have £100.95/week left over after rent and council tax, you pass the financial requirement for a spouse visa. You are allowed to claim public funds, just as long as you don't need to claim more because of your spouse joining you.

[mochyn]

I do not know where the figure of £100.95 after rent and council tax comes from but my wife was issued a spousal visa and I was on income support of £60 per week and claiming housing benefit.
It may have been due to the fact that we had been married for 10 years before I decided to return to the UK

[ElenaW]

I do not know where the figure of £100.95 after rent and council tax comes from but my wife was issued a spousal visa and I was on income support of £60 per week and claiming housing benefit.
It may have been due to the fact that we had been married for 10 years before I decided to return to the UK

£100.95 is the amount of JSA that a married couple would recieve (I think it's JSA anyways). There technically isn't a specific number but the trend is mosly people that make less than that amount get refused. Yes the ten year marriage may well have had a lot to do with the approval.

[gj2000]

I'm getting better advice than any other source here and it's all a lot more encouraging. Is there anywhere i can get definitive (free if possible) advice on this matter. I tried to contact the Immigration Advisory Board, but they insist i visit there offices which i can't do due to my health and no solicitor will give me advice over the phone.

[John]

Marion.Thatcher, there is no problem your husband claiming Housing Benefit. Para 6A of the Immigration Rules is in play here and as long as he does not get more benefit because you are living there, there is not a problem. But with children in the household, and with you earning, there is no possibility of him getting more benefit because you are living there.

However, one thing does concern me, and that is when you say your husband is claiming Tax Credits. In respect of a couple living together any Tax Credits claim MUST be in joint names. Please confirm that is the case. For just one of a couple to claim Tax Credits could amount to benefit fraud.

[ElenaW]

I'm getting better advice than any other source here and it's all a lot more encouraging. Is there anywhere i can get definitive (free if possible) advice on this matter. I tried to contact the Immigration Advisory Board, but they insist i visit there offices which i can't do due to my health and no solicitor will give me advice over the phone.

I'm not really sure where you can get free advice. Sometimes OISC registered advisors lurk on forums like this.

[Wanderer]

You shouldn't get anything with a name like Thatcher! Boo Hissss!!

[ElenaW]

You shouldn't get anything with a name like Thatcher! Boo Hissss!!

lol

[Marion.Thatcher]

Thank you very much for your reply.