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Foreign national on spouse visa - "not entitled to benefits"?
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# 1
BrunoM
Old 20-03-2007, 9:47 AM
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Default Foreign national on spouse visa - "not entitled to benefits"?

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!
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# 2
bokkie7975
Old 20-03-2007, 10:02 AM
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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
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# 3
BrunoM
Old 20-03-2007, 10:04 AM
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Very helpful link, thanks
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# 4
bokkie7975
Old 20-03-2007, 10:08 AM
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no problem, it can be a mine field but I found them very useful.
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# 5
ukdickie31
Old 20-03-2007, 9:23 PM
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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).
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# 6
knithappens
Old 20-03-2007, 9:46 PM
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Quote:
Originally Posted by ukdickie31 View Post
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.
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# 7
stuart30
Old 21-03-2007, 2:39 AM
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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.
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# 8
lavandergirl
Old 21-03-2007, 3:41 AM
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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

[B]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.
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# 9
emmaroids
Old 21-03-2007, 8:04 AM
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is her name `ting tong`??



sorry i been watching too much little britan
No Unapproved or Personal links in signatures please - FT3
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# 10
descartesmum
Old 21-03-2007, 10:25 AM
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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



Quote:
Originally Posted by ukdickie31 View Post
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).
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# 11
BernadetteN
Old 21-03-2007, 3:21 PM
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Quote:
Originally Posted by BrunoM View Post
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.

Last edited by BernadetteN; 21-03-2007 at 4:43 PM.
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# 12
BernadetteN
Old 21-03-2007, 3:28 PM
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http://www.ind.homeoffice.gov.uk/doc.../idischapter1/

Here's the index for IDIs.
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# 13
Voyager2002
Old 21-03-2007, 3:42 PM
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I have been in this situation (except my wife is currently here on a student visa). We are currently receiving Child Benefit and Child Tax Credit for both of our children, my son (British) and her daughter (Chinese).
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# 14
ziggy1_0
Old 20-08-2010, 5:39 PM
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Your spouse is not entitled to claim any Social Security money for the initial spouse period. You are right. As your partner she is entitled to free healthcare on the NHS also free dental care (depending if you can find a NHS participant dentist with vacancies) and free prescrpitions depending on your circumstances.

If you have children and you are on benefits you can claim Child Tax Credit but you can only receive benefits for yourself as a single parent.

If she works it will impact on your benefit entitlement because the department of work and pensions and also housing benefit if applicable will take into account her income if she is working. They will claim that you can live on her income but they must take her living expenses into consideration in that case and you might be able to get benefits to supplement your income and or working tax credits for the child and other factors.

I don'y know how a maternity grant would be considered but that's something you would have to check with the department for work and pensions as you are not the mother physically. However, it might be possible to get a community care grant instead to cover part or all of the amount of the equivalent maternity award for the mother.

The mother cannot claim benefits in her own right for the children and you will have to do that on their behalf.

Hope that this helps

Quote:
Originally Posted by BrunoM View Post
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!
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# 15
AnxiousMum
Old 20-08-2010, 5:45 PM
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This thread is 3 years old before anybody else starts advising the OP!
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# 16
dmg24
Old 20-08-2010, 5:47 PM
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Quote:
Originally Posted by AnxiousMum View Post
This thread is 3 years old before anybody else starts advising the OP!
This is why I think all threads over a certain age should be locked!
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