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

Jumbo_Cod

Thanks all. I'll check out the IAS website and we'll call CAB to speak with a benefits specialist.

Indeed the one issue we're concerned about is my wife receiving extra housing benefit.

Here are some quotes from the public funds booklet UKBA published this February 2012:

"A British citizen or a person settled in the UK who receives housing from a local authority can include their partner’s name on the tenancy agreement, even if their partner is subject to immigration control.
As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds."

And:

"This page tells you how people who are subject to immigration control can have access to housing through their spouse or partner.
A British citizen or a person settled in the UK who receives housing from a local authority can include their partner’s name on the tenancy agreement, even if their partner is subject to immigration control.
As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds."

OK to me these look like in this circumstance housing benefits in my case are not considered public funds...but the immigration adviser claimed that it has nothing to with benefits! But like I menetioned she said that she doesn't know for sure. I can interpret either way of course.

In UKBA guidance it just makes a blanket statement that the condition of receiving a visa is that we as couple with not receive additional public funds...

The BIG question is what exactly are considered public funds. In the booklet there are myriad exceptions.

pmlindyloo

Just as an aside I would be checking that I hadn't completed any forms which suggested that I had access to public funds (I'm sure you haven't!) and I would be getting something in writing from the chap at the council saying that your wife is entitled to this extra benefit (it was given because you moved in?) even though you are on a spousal visa and have no recourse to public funds.

I am pretty certain that no action would be taken if you could prove that it was an administrative error.

Am saying all this because of the comment from the chap about your being 'in breach of your visa'.

Do let us know how you get on - I would be very interested in the outcome as I'm sure others would be.

Jumbo_Cod

pmlindyloo wrote: »

Just as an aside I would be checking that I hadn't completed any forms which suggested that I had access to public funds (I'm sure you haven't!) and I would be getting something in writing from the chap at the council saying that your wife is entitled to this extra benefit (it was given because you moved in?) even though you are on a spousal visa and have no recourse to public funds

Do let us know how you get on - I would be very interested in the outcome as I'm sure others would be.

Thanks--we did ask about getting something in writing from him and he said we have to write a letter to the council/benefits office asking for an explanation of benefits. Whether this will actually do anything or not we'll see!

I'll pass along whatever winds up happening after we go to CAB and speak to a benefits expert.


(p.s. I haven't completed any forms or paperwork save for my NI application which has nothing to do about benefits...but we're going to have to redo all of her working tax credits and stuff as a married couple--they just cancelled them last week and we're waiting for a new application. Gotta love paperwork! )

SandJ

I know you are worrying about it being considered additional benefits, but I think there is a grey area about what the home office can do regarding your wife receiving benefits. To be honest one of the things you have to fill out on the ILR form is to prove that you can survive in the country without you or your partner having recourse to public funds. My husband and I were both unemployed and all the income we received was from his benefits, yet I still got ILR. However our situation may be completely different because my husband is disabled. Are you worried that your wife will get this extra money and the Home Office will somehow find out and then you will be contacted because you are in breach of your visa and it will then be revoked? On your visa (going off what mine says, but it is like 4 years old) it says No recourse to public funds, but it doesn't state that your wife is not entitled to additional benefits. I wish you the best of luck and I hope the Immigration Advisors and Citizens Advice Bureau can help you. I wish I could help you more, but can only go off my own experience and limited knowledge.

Jumbo_Cod

Well I'm not exactly worried but we like to play it safe. As of now I'm pretty sure this is legit...but I have heard enough horror stories of denied visas or complications to know that it's best to have peace of mind! Especially when the whole "no more public funds' thing is drilled into your head from the start.

ILR won't be a problem for us financially. But you can receive public funds as a perminant resident after you get ILR? Not that I'm counting on it but you never know.

SandJ

Yes, after you get indefinite leave to remain you are entitled to benefits. I have yet to come across a benefit I'm not elegible for. Basically, once you get indefinite leave to remain you are entitled to pretty much everything, although I don't think we are allowed to vote. After you get ILR and have had it for 1 year, so have been in the country for a total of 3 years, you can apply to be a British Citizen. I have chosen not to apply to be a citizen simply because it's too expensive and we can't afford it, but my ILR is permanent. However they can take away my ILR, but only if I leave the country and try to get back in and have been gone for more than 2 years, or the immigration officer believes I don't really live in the UK. I have left the UK multiple times for vacations, when I had my marriage visa and with my ILR, they ask a few questions then let me back into the country with no problems.

princessdon

I feel like I am living in a parallell universe here

Why will you wife always be on benefits? Is she ill?

How do you expect to support yourself - Do you have work/funds?

MissMoneypenny

Jumbo_Cod wrote: »

Here are some quotes from the public funds booklet UKBA published this February 2012:

"A British citizen or a person settled in the UK who receives housing from a local authority can include their partner’s name on the tenancy agreement, even if their partner is subject to immigration control.
As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds."

And:

"This page tells you how people who are subject to immigration control can have access to housing through their spouse or partner.
A British citizen or a person settled in the UK who receives housing from a local authority can include their partner’s name on the tenancy agreement, even if their partner is subject to immigration control.
As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds."

OK to me these look like in this circumstance housing benefits in my case are not considered public funds...but the immigration adviser claimed that it has nothing to with benefits!

Adding a name to a tenancy is nothing to do with claiming benefits. There is nothing on your quotes above, to say that the claimant can have more housing benefit for the person who is subject to immigrition control; only that they can add that name to the tenancy. Claiming benefits is not the same as adding a name to a tenancy; you can add a name to a tenancy and not be claiming any benefits.

This has happened before on uk-yankee, where a British claimant has been paid more benefits from their council even though the spouse has no recourse to public funds. They then had to fight to stop the payments so they didn't breach their visa conditions.

Getting a letter from the council won't help when it comes to ILR, as it is the immigrant who has to make sure they haven't breached their visa conditions. Council workers are not immigration experts. A letter may help your wife to avoid a fraud charge if the council realise she has been claiming more than she should have; but I imagine she would still have to pay back the overpayments as she wasn't entitled to extra money for you and both she and you, knew you had no recourse to public funds.

Once you start work, your wife will have to let the various benefits departments know of a change in her circumstances ( a rise in her household income), to avoid any overpayments

MissMoneypenny

SandJ wrote: »

My husband and I were both unemployed and all the income we received was from his benefits, yet I still got ILR. However our situation may be completely different because my husband is disabled.

Able bodied people living on benefits could sponsor their foreign national partner to the UK under the last government, but this government have just stopped that with their immigration reforms, which aims to protect the welfare state. Those on certain disability benefits, are excluded from the new income rules.

SandJ

princessdon wrote: »

I feel like I am living in a parallell universe here

Why will you wife always be on benefits? Is she ill?

How do you expect to support yourself - Do you have work/funds?

He wasn't saying his wife would always be on benefits, he was saying that she would always be entitled to them.