ILR

Fiona A Smith · Post by **Fiona A Smith** » Tue Oct 04, 2011 7:52 pm

Hi i am really in need of some advice regarding my husbands ILR which we need to complete within a couple of months. I am working part time as i have been diagnosed with Multiple Sclerosis and 2 weeks ago was awarded the middle rate DLA which is very good for me but also maybe another problem as i was told to apply for HB and CT benefit which i did in my name only and received a very small amount 2 weeks ago paid directly to my landlord (Islington Council) but apparently this can now jeopardise my husbands ILR. I have never claimed benefits before only Tax Credit but right now my health is not so good and now i am seriously worried now as my husband is my sole carer but does not receive a carers allowance because of no recourse to public funds and right now he is not working because i am off work sick (i had another relapse) and he has been home caring for me but do the UK Border Agency actually take this into account or not? If by me receiving this HB and CT benefit would not allow my husband to stay in the UK then i need to cancel this and not take this small amount of money also how does the UK Border Agency look at cases where there is a disability aspect do you know??. Thanks if you can help me in this matter

Post by **John** » Tue Oct 04, 2011 9:16 pm

Before delving further into this, can you say if there are any children in your household?

Fiona A Smith · Post by **Fiona A Smith** » Wed Oct 05, 2011 11:46 am

Hi John thanks for replying so promptly. Yes i have a daughter who is age 13 but this is not my husbands daughter as i was married before a long time ago. My husband has already had 2 visa's the last one was another extension in Jan 2011 but we want to get the ILR ASAP because of my ongoing health problems and my husband is caring for me already but no carers allowance. My husband has not been named on my tax credits as i always thought that would be a problem and the UK Border Agency already gave a new extension visa in jan 2011 knowing this and never said anything to us but reading the online forums apparently both people need to be named on the tax credits so today i will call and give them my husbands details and then it will show in both names for the tax credit. The child benefit i take for my daughter so apart from the new HB and CT benefit which again i applied in my name as he has no recourse to public funds. Thanks again if you can help with this John

Post by **John** » Wed Oct 05, 2011 3:32 pm

My husband has not been named on my tax credits as i always thought that would be a problem

Indeed, in respect of a couple living together, not putting the claim into joint names is the problem. You are now doing the right thing in contacting the Tax Credits office and getting the claim put into joint names.

Given that you do have a child in the household, claiming HB and/or CTB cannot be a problem from the visa point of view. The reason for that is that the "income disregard" for a single parent and child is the same as for a couple and a child. Accordingly you cannot possibly get more such benefit because your husband is living there with you.

Carer's Allowance ...... quite correctly your husband is not claiming that, and must not claim it until he has his ILR. Has he now passed the Life in the UK Citizenship test?

Fiona A Smith · Post by **Fiona A Smith** » Wed Oct 05, 2011 4:44 pm

Hello again John and again thanks for the reply... My husband has not passed the Life in UK citizenship test yet as he has contacted a school very close to our home who told him that if you do the ESOL test level 3 then you dont need the life in the UK test and just wondered if you can confirm this as he starts next week. Another thing John is that right now due to my health conditions my husband has been caring for me at home and has not worked since July so again would that be a problem for the UK border agency ?? as he takes care of me also my daughter ... I want to say many thanks for your advice as i have been worrying and i really cannot do that with my health the way it is at the moment and we just want to go ahead and do the ILR within the next 2 months. Thanks again

Post by **John** » Wed Oct 05, 2011 5:00 pm

My husband has not passed the Life in UK citizenship test yet as he has contacted a school very close to our home who told him that if you do the ESOL test level 3 then you dont need the life in the UK test and just wondered if you can confirm this as he starts next week

As an alternative to providing a pass certificate from the Life in the UK test he can provide a completion certificate from a combined ESOL/Citizenship course. When you describe the course he might take you do not mention any Citizenship content. Is there any? If no, then the course is totally useless as regards getting ILR.

What is his standard of English? Baisc? Reasonable? Good?

Fiona A Smith · Post by **Fiona A Smith** » Wed Oct 05, 2011 5:07 pm

His standard of English is very good for reading, writing and speaking its only his grammar that he needs as he has been using english as his first language over the past 3 years. Apparently the course that he is going to do is ESOL together with the citizenship so i think that will be ok?? Also going back to him not working at the moment as he has been caring for me do you think that would be a problem for the Border Agency ?? Thanks again

Post by **John** » Wed Oct 05, 2011 9:15 pm

His standard of English is very good for reading, writing and speaking its only his grammar that he needs as he has been using english as his first language over the past 3 years.

That being the case, in my mind he should be studying for and hopefully passing the Life in the UK Citizenship test. Going that route would be cheaper, and has the advantage that he can study at home in his own time.

Also going back to him not working at the moment as he has been caring for me do you think that would be a problem for the Border Agency ??

Not an issue. Some applicants on the spouse visa route will have never worked in the UK before applying for their ILR. For example, as a housewife, or house-husband. Not a problem at all.

And as regards the resource level, those considering ILR on the spouse route are under instructions not to reject applications merely on financial grounds.

psb · Post by **psb** » Wed Oct 12, 2011 2:42 pm

And as regards the resource level, those considering ILR on the spouse route are under instructions not to reject applications merely on financial grounds.

It looks that this may change soon and a minimum income will be expected.

Post by **John** » Wed Oct 12, 2011 4:12 pm

As regards the query raised by the OP, there will be no change within the timeframe mentioned ... as couple of months.

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR

ILR

ILR

ILR