Foreign national on spouse visa - "not entitled to benefits"?

BrunoM · 20 March 2007 at 10:47AM

In my wife's settlement clearance in her passport, there is a note about not being entitled to benefits here. There wasn't any supporting documentation or anything with it to give more detail.

Does anyone know how far-reaching this is? We've already established that NHS clinics would see her and give her prescriptions etc without charge.

What I am now thinking towards is more like child benefit, and the range of benefits a couple might receive when having a baby. Does anyone know whether we'll lose out on these? I am a regular-type UK citizen myself.

Thanks!

bokkie7975 · 20 March 2007 at 11:02AM

Hi BrunoM,
as far as I know as long as the UK national applies for benefits like child benefit, child tax credit etc, they will be awarded.
I found this forum very helpful as there are many others in the same position.
http://www.ukresident.com/forums/index.php
hth
L

BrunoM · 20 March 2007 at 11:04AM

Very helpful link, thanks

bokkie7975 · 20 March 2007 at 11:08AM

no problem, it can be a mine field but I found them very useful.

ukdickie31 · 20 March 2007 at 10:23PM

Just something else....off topic but relevant for the future !

After 2 years when you apply for Indefinite Leave to Remain... guess how much it costs...

From April this year, it goes up to £950 for the same day service (was £500).

knithappens · 20 March 2007 at 10:46PM

ukdickie31 wrote: »

Just something else....off topic but relevant for the future !

After 2 years when you apply for Indefinite Leave to Remain... guess how much it costs...

From April this year, it goes up to £950 for the same day service (was £500).

YEs from April the fees have increased for those wanting to apply for a spousal visa or ILR, OLR is £750 from April if you don't apply same day.

As far as the benefits go, if you have a a child as long as the British citizen apply's then there will be no problems, it just applies to the non British spouse who cannot get help from the benefits system.

stuart30 · 21 March 2007 at 3:39AM

How much...

when my wife applied it was £400 odd i believe,then you have the citzenship test to consider which if i remeber correctly is over £30,so all in all an expensive business.

lavandergirl_2 · 21 March 2007 at 4:41AM

If it says no recourse to public funds, then this might help. I got this from the Immigration and Nationality Directorate on the Home Office website

What are public funds?

Public funds' include a range of income-related benefits, together with housing and homelessness support. The full list is as follows:

*
income-based jobseeker's allowance
*
income support
*
child tax credit
*
working tax credit
*
a social fund payment
*
child benefit
*
housing benefit
*
council tax benefit
*
state pension credit
*
attendance allowance severe disablement allowance
*
carer's allowance
*
disability living allowance
*
an allocation of local authority housing
*
local authority homelessness assistance

Am I allowed to claim public funds?[/B]

If your leave is subject to a condition that you have "no recourse to public funds", then in most cases you won't be able to claim any of the benefits, tax credits or housing assistance that count as public funds. However, exceptions do apply to some benefits. If you are in any doubt about whether you are able to claim a particular fund, you should contact the department or agency that issues it.

Do other benefits and public services count as public funds?

Only the forms of support listed above count as public funds. Public funds do not include the Benefits based on National Insurance contributions, such as:

*
contribution-based jobseeker's allowance
*
incapacity benefit
*
retirement pension
*
widows benefit and bereavement benefit
*
guardian's allowance
*
statutory maternity pay

Healthcare and education also do not count as public funds - although your immigration status may affect whether you are eligible for them.

emmaroids · 21 March 2007 at 9:04AM

is her name `ting tong`??

sorry i been watching too much little britan

descartesmum · 21 March 2007 at 11:25AM

That is disgusting.

When I came here almost 30 years ago, spousal/fiance' visas didn't exist.

When I got my Indefinite Leave to Remain stamped in my US passport it cost nothing.

3 years coming back here I was told by an Immigration minion that I would have to apply for a new stamp since the stamp I had was in an old passport. That it did cost to get it. Didn't do it.

Last year coming back I played dumb and a different minion told me to keep the old passport with me or to tear the page with the ILR out of my old passport to show.

Just 2 weeks ago I came back in, plopped down the old passport opened to the page with the stamp in it, pointed to it, and nothing was said.

So if you already have an Indefinite Leave to Remain stamp, hold on to it.

There is a female only AmericanExpat board on Yahoo groups. You can get alot of information and advice there.

Carol

ukdickie31 wrote: »

Just something else....off topic but relevant for the future !

After 2 years when you apply for Indefinite Leave to Remain... guess how much it costs...

From April this year, it goes up to £950 for the same day service (was £500).

BernadetteN · 21 March 2007 at 4:21PM

BrunoM wrote: »

In my wife's settlement clearance in her passport, there is a note about not being entitled to benefits here. There wasn't any supporting documentation or anything with it to give more detail.

Does anyone know how far-reaching this is? We've already established that NHS clinics would see her and give her prescriptions etc without charge.

What I am now thinking towards is more like child benefit, and the range of benefits a couple might receive when having a baby. Does anyone know whether we'll lose out on these? I am a regular-type UK citizen myself.

Thanks!

I am assuming that you yourself are in work or are living off personal funds and not claiming public funds - that is very important in complying to this for your spouse's settlemtent conditions. I am assuming that you yourself are a British citizen and not a non British EU citizen, because different rules apply to spouses of non British EU citizens.

Someone posted below a list from the IND website about what constitutes "public funds" but spouses here for "settlement" have slightly different rules than spouses here as students or work permit holders eg for CTC/WTC, you would normally only be able to apply for the British national and any British children and foreign nationals would be ineligible, but as a spouse for settlement, your spouse would indeed be able to be part of the claim. You might want to dig around the IND website in the IDIs (these are the specific instructions that IND work with) and find out the differences of public funds for spouses here for settlement against other foreign nationals here in the UK not for settlement. The situation may be rosier than you think.

Foreign national on spouse visa - "not entitled to benefits"?

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