Looking for some help re benefits and visas

RachelS

Hello all, I was wondering if anyone can help me...even the CAB haven't been able to explain the situation to me for sure.

My husband is on a 2 year first visa in this country, and is planning to apply for indefinite leave to remain in 1 year. He isn't entitled to any public funds.

I am eligible for council tax benefit. However, we are jointly liable for the council tax and both our names are on the bill.

Does anyone know if, despite this, I can make a claim for council tax benefit in my own name only. If I do this, will it affect my husband's visa application (I know if he applied himself, it would).

Thanks for any expertise xxx

Hammyman

You cannot make a claim in your own name as you are living as a couple. He would need to be mentioned on the form and not to do so is committing benefit fraud.

Why isn't he applying for indefinite leave now?

RachelS

Thankyou very much. He's not applying because he has to have his initial visa for 2 years first. Although we've been married a while, initially he was working for a foreign company in this country and could not apply for the initial visa.

AnxiousMum

Rachel -if you are a British citizen, you can apply for any of the normal benefits you would be entitled to in your own right. You do have to give the information on your husband, ie, his name, ni number, earnings etc., and they will simply take his income into account for the household, but you will not get anything extra benefit wise for him as a household occupant. As an immigrant awaiting indefinite leave to remain, he's not eligible for state funds, but you are. When he applies for ILR, he simply has to show that he has supported himself during his time here, and has not accepted any state funds.
Make sure that you are the 'applicant', with him listed as the 'other' supporting person or co-applicant. your claim may take a little longer to process - simply state on the forms that he is subject to immigration control, and maybe enclose a photocopy of his passport (unless they request the original). Then when he applies for his ILR, he can honestly tick off the box that says 'I have not claimed any state funds'. By doing the above, he's not applying for anything, he's simply stating that he's working, earning money to support his family, and that his income should be taken into account.