American Immigrant here on Spousal Visa-Can my spouse claim additional housing benefi

Jumbo_Cod

Hello,

Recently my wife & I reported to the council that i am now living in the house and the housing benefits were reassesed.

To our surprise the council officer informed us that the housing benefit would go UP from £80 per week to almost £100 per week because now i am there and not yet working, but it would go down when i start working.

is this ok?? i thought that no benefits can be claimed based on an immigrant on spouse visa staying with the "sponsor." I am not eligible for benefits at all, and supposedly the UK based sponsor (my wife) isn't supposed to be able to claim more benefits because of my prescence. However the guy at the benefits office says this is not the case. UK Border agency/immigration doesn't have detailed information on this


We don't want any problems come 2 years from now when I apply for the ILR visa. Thanks!!!

pmlindyloo

Jumbo_Cod wrote: »

Hello,

Recently my wife & I reported to the council that i am now living in the house and the housing benefits were reassesed.

To our surprise the council officer informed us that the housing benefit would go UP from £80 per week to almost £100 per week because now i am there and not yet working, but it would go down when i start working.

is this ok?? i thought that no benefits can be claimed based on an immigrant on spouse visa staying with the "sponsor." I am not eligible for benefits at all, and supposedly the UK based sponsor (my wife) isn't supposed to be able to claim more benefits because of my prescence. However the guy at the benefits office says this is not the case. UK Border agency/immigration doesn't have detailed information on this


We don't want any problems come 2 years from now when I apply for the ILR visa. Thanks!!!

What does it say on your passport? No recourse to public funds?

Jumbo_Cod

pmlindyloo wrote: »

What does it say on your passport? No recourse to public funds?

The visa does say "No recourse to public funds." That applies to me specifically though--I can't get anything in any form (save the NHS) of course.

But the confusion is that my wife is and always will be entitled to benefits. The UKBA rules (but they are vague and what exactly are public funds--they have a 60 page book on the matter and it does nothing but make it more confusing) state that after we're married and I moved in that she's not supposed to be able to get additional public funds simply because I'm here.

The guy at the benefits office said (we went there twice now to try to get a definitive answer) that no matter what, my wife cannot be legally denied benefits regardless of the status of her partner.

He basically said "if the home office has a problem with it, they'll let you know if you're in breach of your visa!" Not exactly something we want to sit around and wait to hear!

It seems like to us that both sides of the bureaucracy operate without knowing the rules of the other.

If you have any insight or could let us know where to go to find out it would be greatly appreciated!

SandJ

I am also an American citizen that arrived in the country with a married visa, I have since gotten my Indefinite Leave to Remain. After I arrived in the country and we informed all of his benefits that he was now married we did not receive an increase in our benefits, however we were not receiving housing benefit at the time, he was entitled to it and his entitlement did not change. It was only until after I had indefinte leave to remain that the benefits increased. Also, when you fill out the form to notify them that there has been a change in circumstances (like being married) on the form they normally will ask if the partner is subject to immigration control, which you are. I would try contact the UK border agency or the citizens advice bureau and double check with them. Good Luck with the whole process.

Jumbo_Cod

SandJ wrote: »

I am also an American citizen that arrived in the country with a married visa, I have since gotten my Indefinite Leave to Remain. After I arrived in the country and we informed all of his benefits that he was now married we did not receive an increase in our benefits, however we were not receiving housing benefit at the time, he was entitled to it and his entitlement did not change. It was only until after I had indefinte leave to remain that the benefits increased. Also, when you fill out the form to notify them that there has been a change in circumstances (like being married) on the form they normally will ask if the partner is subject to immigration control, which you are. I would try contact the UK border agency or the citizens advice bureau and double check with them. Good Luck with the whole process.

Thank you SandJ for your quick answer. The thing is there is no form that we know of! We went to Town Hall and spoke to a benefits advisor face-to-face and he entered the changes on the computer, took photocopies of my passport and visa, and printed off the new benefit determination letter. (to be exact it increased about £16.50 per week, roughly £65 / month).

After we wondered about this "no additional benefits" thing we went back and wound up speaking to the same bloke and told him our concerns. He said what I described above in my first post. He almost seemed adamament NOT to make any changes...alluding to the concept that "no matter what we can't deny benefits because you're here.'

It almost seemed like he was "covering his !!!!" and unwilling to do anything that can challenge him later .

The thing is that the benefits people don't really deal with home office or consequences!!

We're going to make an appointment with CAB

pmlindyloo

May I ask if your accommodation is supplied by the local authority?

My understanding is that social housing does not come under the remit of 'public funds'.

However, can find no 'official proof' of this.

Please ask CAB when you make an appointment if they will be able to deal with this enquiry. Some CAB do not have the 'correct certification' to deal with all aspects of immigration. But I am sure they will be able to 'signpost' you to someone who will be able to help.

Notmyrealname

Basically, if I have this right, your situation means that she can only ever claim benefits as a single person.

Jumbo_Cod

pmlindyloo wrote: »

May I ask if your accommodation is supplied by the local authority?

My understanding is that social housing does not come under the remit of 'public funds'.

However, can find no 'official proof' of this.

Please ask CAB when you make an appointment if they will be able to deal with this enquiry. Some CAB do not have the 'correct certification' to deal with all aspects of immigration. But I am sure they will be able to 'signpost' you to someone who will be able to help.

Hello,

Yes we live in a "housing association" property, she was housed by the council here 5 years ago (but it's not a "council house" but same principal I think).

I know of what you're talking about with social housing not coming under "public funds." I believe it comes from this book "UKBA Public Funds Guidance v6.0" (I can't post the link this forum is saying it might be spam)

HOWEVER an immigration advisor told us that only means that this provision has to do with GETTING housing...but not being PAID a benefit for housing! So confusing. We take that with a grain of salt because she admitted she's no "benefit expert" and doesn't know all the laws.

Confusing and a bit irritating all this is...we just want to get it right!

Jumbo_Cod

Notmyrealname wrote: »

Basically, if I have this right, your situation means that she can only ever claim benefits as a single person.

That's the confusion...we must report to the benefits office that we are married and living together and that must be taken into account...so she can't be listed as single on the paperwork (we'll have to send it to immigration when time comes for ILR).

The guy at the benefits office said this will change (benefits readjusted to a lower level) only when I start to work.

Immigration advisor just informed us "yes the home office will let you know there's a problem...by denying your visa!"

SandJ

Honestly I can't see there being a problem when you apply for indefinite leave to remain. It asks if you or your partner have any recourse to public funds, you answer yes or no, if yes then you answer which ones and answer if it's you or your partner that receive it. It's your partner that receives the housing benefit regardless of whether you being there makes her benefits go up or down, you are still not receiving any. I know it's hard not to worry without an exact answer, but the chances are nothing will happen. If something does happen and you do lose your visa you have a right to appeal and explain your situation. There is another place that may be able to help you understand the rules, it's called the Immigration Advice Service, their website is IAS services . org . uk. Depending on the benefits your wife receives they may be able to give you free help. My husband and I had a number of questions that they were able to help us with. Anyway, I hope you can find some more information and if not, I really think you should try not to worry.

pmlindyloo

SandJ wrote: »

Honestly I can't see there being a problem when you apply for indefinite leave to remain. It asks if you or your partner have any recourse to public funds, you answer yes or no, if yes then you answer which ones and answer if it's you or your partner that receive it. It's your partner that receives the housing benefit regardless of whether you being there makes her benefits go up or down, you are still not receiving any. I know it's hard not to worry without an exact answer, but the chances are nothing will happen. If something does happen and you do lose your visa you have a right to appeal and explain your situation. There is another place that may be able to help you understand the rules, it's called the Immigration Advice Service, their website is IAS services . org . uk. Depending on the benefits your wife receives they may be able to give you free help. My husband and I had a number of questions that they were able to help us with. Anyway, I hope you can find some more information and if not, I really think you should try not to worry.

I think the OP is concerned that his wife will be receiving additional benefits because of his being there.

According to what information the OP has found (admittedly very confusing) this is not allowed.