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

MissMoneypenny

pmlindyloo wrote: »

You have misunderstood me I was not referring to other posters as 'officials' - I meant the people at the HB department, who may have given the worng information.

My apologies if this is how it read.

Thanks. My apologies to you too, for misunderstanding what you had written. Oh, that written word:o

pmlindyloo wrote: »

My only point was that your post seemed to suggest that the OP was trying in some way to keep his savings for his business and also claim benefits that they weren't entitled to.

Now I know better

I said he can't keep his over 16k nest egg for a business and his wife still claim income based benefits. He didn't realise his savings affected his wife's income based benefits that she had claimed as a single.

Perhaps I should explain: I/we (the office) will often answer immigratation type questions as I work in an office where most of the people are (or have been) on visas; working, family settlement and ancestry visas. They know what they can and can't claim, but we didn't know how benefits viewed the US 401 as none of our US staff have partners who have claimed benefits.

I can see that JC is trying to do everthing correctly and TBH, having had first hand experience on immigration officials refusing to let one of our visa holders back in after a weekend in Europe, I can see why he does not want to jeopardize his ILR.

I hope he gets the help he needs from the CAB, but he has now done a lot of reading on the subject and may even know more than the advisor there.

Jumbo_Cod

UPDATE

EVERYTHING IS LEGIT!

shes completely entitled to ALL housing benefits regardless of my immigration status.

Based on: Senior benefits counselor at the town hall and a PRIVATE attorney we shelled out £150 for!

Private pension/retirement funds do not count against that £16k limit ( I explained ad nausuem every detail about that fund--it's all legit). The stickler...and when they count for income is if I'm withdrawing from the fund. But it is tied up with tax/income/penalties right now so it's not counted in the eyes of the council.

In regards to the other funds which aren't much relatively speaking I declared I had that amount a month ago, but now I don't have, so benefits adjustments have been made.

Everything is good!

Jumbo_Cod

Voyager2002 wrote: »

I appreciate that you have been totally honest, and you dislike the insinuation of fraud. However, the advice and warning that you have been given is entirely correct: if it were to come out that you had been receiving HB and CT Benefit while your household capital amounted to more than 16K, there would be a real possibility that you could be prosecuted for fraud.

Understandable. This is the first time I've been back since posting my last comment, the insinuations by some so called "experts" and some who have nothing but agendas railing against people who get benefits(princessom) have extremely upset my wife who has done everything honestly in accordance to British law her entire life.

Fraud is a very serious crime, and by definition is if it's WILLFUL intent to conceal or deceive. Somewhat poetically, just the nature of sending out countless emails and posting to forums about our situation trying to do the right thing and expressing our willingness to pay MORE if necessary would eliminate any such possibility of fraud. We're playing this by the book here folks, we're not trying to play the system or any nonsense like that. I don't think I can make it anymore clear!

Household capital is the tricky thing. After speaking with someone much higher up in the chain than the guy at the desk she said that my private pension in the States would not count as capital against our claim. This is with her having a copy of my passport, visa, and now she has my NI number in hand.

She was adjusting our claim and sent us out a new bill because I told her we were only getting "single person's" rate on the council tax, so now we are a couple we have a new bill which is about 300 pounds higher. I'll be writing out the cheque Monday.

mynameistallulah

Am inclined to give the OP a rather large pinch of salt ... Something does not add up ...

Jumbo_Cod

mynameistallulah wrote: »

Am inclined to give the OP a rather large pinch of salt ... Something does not add up ...

Why don't you enlighten us? And me...the OP to what doesn't add up?

Jumbo_Cod

lol many nasty nasty comments from "mynameistallulah." Another troll on this board along with "princessdom."

SIGH.


http://forums.moneysavingexpert.com/search.php?searchid=128618765

mynameistallulah

Jumbo_Cod wrote: »

Why don't you enlighten us? And me...the OP to what doesn't add up?

We get used to people that tell stories, little tell tale signs - your posts are full of them. Just a feeling!

Jumbo_Cod

mynameistallulah wrote: »

We get used to people that tell stories, little tell tale signs - your posts are full of them. Just a feeling!

Then tell us what your feelings tell you. Your troll tactics aren't working here.

Contribute and actually say something constructive. "Just a feeling" means nothing. Spit it out or get out.

enabledebra

Jumbo_Cod wrote: »

UPDATE

EVERYTHING IS LEGIT!

shes completely entitled to ALL housing benefits regardless of my immigration status.

Based on: Senior benefits counselor at the town hall and a PRIVATE attorney we shelled out £150 for!

Private pension/retirement funds do not count against that £16k limit ( I explained ad nausuem every detail about that fund--it's all legit). The stickler...and when they count for income is if I'm withdrawing from the fund. But it is tied up with tax/income/penalties right now so it's not counted in the eyes of the council.

In regards to the other funds which aren't much relatively speaking I declared I had that amount a month ago, but now I don't have, so benefits adjustments have been made.

Everything is good!

That's one question out of the way- but nobody said your partner wasn't entitled to claim benefits as long as the capital was disregarded?

You've clarified it is disregarded so we now know she can- BUT the issue is will this mean she gets more benefit than she did before you moved in? If the answer is yes then you really need to consider if this is a breach of your immigration conditions.

Did you get advice about this? If you just asked about benefit entitlement that doesn't answer the question you need an answer to. I'm not trying to be annoying I just want you to make sure that nothing gets in the way of your long term plans to settle.

The major consideration is to not cause problems with settlement plans so the question you need an answer to is not what the benefits rules allow you to claim, it's what the immigration rules forbid you from claiming even if you are otherwise entitled to it.

Have you been told by a professional adviser that the claim for benefits doesn't breach your immigration conditions? If not please check.

I searched for more info as I think you need some solid info: This is cut and pasted from the guidance used by Immigration officials http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/public-funds/funds.pdf?view=Binary
Paragraphs 6A-6C of the Immigration Rules explains what the position is when an applicant is not claiming public funds themselves but their sponsor relies on public funds


If a sponsor needs to claim more public funds to support the applicant, you must refuse the application. For example, if the sponsor claims income-based jobseeker’s allowance and this would increase if their dependant was granted leave as their spouse. You must refuse the application under the relevant paragraph of the category under which leave is being sought with reference to paragraph 6A of the rules.


http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/introduction/

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P's sponsor unless, as a result of P's presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor's joint entitlement to benefits under the regulations referred to in paragraph 6B).
6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002

6B and 6C don't apply to you so 6A "bites"

Heffi1

mynameistallulah wrote: »

Am inclined to give the OP a rather large pinch of salt ... Something does not add up ...

You might be onto something, take a look at his attitiude on a different thread.

Originally Posted by Jumbo Cod
i have aabout £40,000 in cc debt now and about £30,000 left on limits over 10 cards. just going to wrack up as much as I can then walk away. screw the banks..spending like there's no tomorrow!