Settlement visa - accomodation query.

[kuddin22]

Hi,

I am a UK citizen wishing to sponsor my wifes non EEA application to join me in the UK. I've been reading through various links in this forum and am left a little confused. I would appreciate any help offered.

The dilemma is that I am currently living with my brother in a Housing Association accomodation. We jointly hold the tenancy under our names.

I read under MAA2 that

"There is no objection to the British citizen/settled sponsor receiving any public funds to which he/she is entitled in his/her own right"

But, I have also read elsewhere in this forum that

"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. for the purpose of considering ILR

How can I reconcile these two statements? Would it be better if I took my name off the tenancy agreement. My HA would have no objection with me continuing to live there.

Further information for your consideration is that upon my return from abroad I claimed Housing Benefit for the last one month but now have found full time permanent employment earning £270 approximately gross a week.

Thanks in advance for any help offered.

[batleykhan]

How can I reconcile these two statements? Would it be better if I took my name off the tenancy agreement. My HA would have no objection with me continuing to live there.

Yes you can do that if you want and then write a supporting letter from your brother that you and your wife can stay there ( providing it wont be overcrowded)

Even if you kept it in joint names, it would still not make any difference as long as there is sufficient room and that you yourself are not now claiming any benefits and that wit your salary you can support your wife.

[kuddin22]

Even if you kept it in joint names, it would still not make any difference as long as there is sufficient room and that you yourself are not now claiming any benefits and that wit your salary you can support your wife.

So the fact that it is a housing association has no bearing?

With regards to overcrowding, would I need to produce a home inspection report/survey or would a letter from the housing association authorising my wife to live there be sufficient? If a report would be ideal then I would appreciate if anybody could recommend a cheap place to obtain one from in the Birmingham area.

Furthermore, when providing an expense summary would I only need to show my portion of rent and council tax or would I need to include utilty bills and food expenditure also?

I appreciate all the support you guys are offering. It means a lot to me and I'm sure others feel the same way too.

[batleykhan]

So the fact that it is a housing association has no bearing?

No it does not have any bearing as long as there is accommodation available to you and your wife


With regards to overcrowding, would I need to produce a home inspection report/survey or would a letter from the housing association authorising my wife to live there be sufficient? If a report would be ideal then I would appreciate if anybody could recommend a cheap place to obtain one from in the Birmingham area.

If you are sharing with family then its best you get one done to make sure it would not be overcrowded.If you donate to £30 to my flood appeal, I will be able to send you a template where you could do it yourself and save yourself something like a hundred quid

Furthermore, when providing an expense summary would I only need to show my portion of rent and council tax or would I need to include utilty bills and food expenditure also?

You will need to show only your portion of expenditure.In fact if you do above, I will throw in a free monthly expenditure sheet that I have designed and used many a times

I appreciate all the support you guys are offering. It means a lot to me and I'm sure others feel the same way too.

[kuddin22]

Brother,

I was contemplating whether to donate via yourself or some other organisation anyway but was questioning my niyat...

Send me the details of how to send my donation, however much I decide, and I'll see what I can do... But purely for sincere intentions.

With regards to the templates you mentioned I'll leave that to your discretion but NOT in lieu for my donation.

I admire your efforts in helping the people of Pakistan aswell as members seeking assistance within this forum. The enthusiasm you have shown in this instance adds to it further. I hope you can understand the angle I am coming from and do not take offence from this approach.


Back to my situation, I was under the impression that an independent inspection report were the way to go if one were to follow that route. Would not an immigration officer be suspicious of self-inspected surveys or at the very least dismissive of such evidence? Hence some people opting for independent. Whilst its always nice to save money, would I be "weakening" my case if i did it myself? I am only going to provide three payslips of approx £1170 per month as I am trying to get my wife to apply before the english language test kicks in end of November. I am worried that her case would be weak because of the bear minimum number of payslips and do not want to weaken my case further.

Secondly, if I were to show expenses over and above my rent and council tax, would that not leave me below the £105 ish disposable income threshold?

I ask only to gain a fuller understanding of the whole process. Thanks to anyone who responds.

[Casa]

Regarding expenses, as Batleykhan has said you only need to show your portion of the rent and council tax. You will also however, have to include any loan/credit repayments. You don't need to include utility bills etc, food or personal spending.
Bear in mind that you will also have to submit written confirmation from the landlords that your wife can join you in the accomodation. It would also be advisable to leave your name on the tenancy. This won't affect your application. If you remove it you would also need to have the same written authority for you to live there with your wife.

[sally2244]

hello, can some1 help me. im still not sure which visa application/form i should be applying for i have been married for 8 years and im british and want to sponsor my husband. we have never lived in the uk together. i have been told taht he can apply for ILE. is taht the same as teh settlement form?
whats the difference? and i cant find more info about it on the uk border agency.

[kuddin22]

Thanks to both BatleyKhan and Cass for your advice.

I'll be off preparing the necessary documents and no doubt will be back with more questions! Happy Ramadaan to all who's fasting and an even happier Eid!

[Casa]

Sally, please start your own thread with your query and you should get the advice you need.

[geriatrix]

hello, can some1 help me. im still not sure which visa application/form i should be applying for i have been married for 8 years and im british and want to sponsor my husband. we have never lived in the uk together. i have been told taht he can apply for ILE. is taht the same as teh settlement form?
whats the difference? and i cant find more info about it on the uk border agency.

All questions answered in the topic you created.


regards

[kuddin22]

Hello back again. I wondered if someone can shed some light on a further worry...

If my brother who is joint tenant claims housing benefit for his portion of the rent and council tax benefit would that have any effect on my wifes case? I myself will be paying my half of the rent and council tax.

Any advise will always be appreciated

Many thanks