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Advice on my HB/CT

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Comments

  • If you are already planning for him to enter the UK on a marriage visa and then become an overstayer, are you aware the immigration rules have changed?

    No free NHS on a marriage visa or as an overstayer, even if you submit under Article 8, as his entry visa rules will apply. No more 6 years (3 x 2) DL to ILR, pleading Article 8 of human rights. It is now 10 years (30months x 4 visas outside UK immigration rules) if he can get it and then is able to and can afford, to keep renewing it. The 14 year illegal in the UK route to ILR has now been changed to 40 years. Even if he enters the UK before the rule changes on 9 July, he will be applying for DL outside the immigration rules and will therefore come under the new rules.

    Do you realise you can still sponsor him legally under the new rules, as you claim DLA? Fiance visa (no working allowed) where you marry within 6 months and then switch in the UK, to a spouse visa (where he is then allowed to work). Both fiance and spouse visas allow free NHS. A much cheaper (medical treatment and visa costs) and quicker route to ILR for him.
    Yes thanks i know all of that to be honest its a P.C.P visa, it's just some people are not as understanding when you tell them what kind of visa it is, so i just say marriage visa, sorry about that.
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    Yes thanks i know all of that to be honest its a P.C.P visa, it's just some people are not as understanding when you tell them what kind of visa it is, so i just say marriage visa, sorry about that.

    I don't think anyone is bothered by that these days. If you would rather, you could just call it a fiance visa (as they have the same rules).
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • I don't think anyone is bothered by that these days. If you would rather, you could just call it a fiance visa (as they have the same rules).
    Just one question you said then about the N.H.S when if at all can my partner apply for a G.P surgery? is there any time limit at all?
    thanks for your understanding here.:)
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    Just one question you said then about the N.H.S when if at all can my partner apply for a G.P surgery? is there any time limit at all?
    thanks for your understanding here.:)

    No time limit. He is on the correct visa to register with a GP straight away for free NHS.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • allen35
    allen35 Posts: 1,516 Forumite
    Due to you being on any rate of care you dont get charged non dependant rates for HB/CTB so in other circumstances if someone came to live in your home you would then receive full 100% Council Tax Benefit in your own right regardless of that persons income and they wouldnt be expected to pay towards this.

    I hope this rule applys in your circumstances for your piece of mind.

    I would like to think that no recourse to public funds means in his own right and has no bearing on your circumstances but unfortunately i am not fully aware of the minefield of immigration and benefits.

    Good Luck though
    Forums can be/are a good guide to entitlement and it is good practice to back it up with clarification from the relevant department/specialist with written confirmation to safeguard yourself.
  • Reply to mike bach, you are totally wrong in your advice, i will not receive the couples rate, you dont know what your talking about so if you dont know dont give advice, you caused me distress and worry for nothing you not a welfare advisor so dont give you advice that you know nothing about, i have had it checked today with welare rights and you were totally wrong in all your advice so in future keep it shut if you dont know what your saying instead of scremongering
  • Miss moneypenny thank you for your help and advice best wishes
  • mynameistallulah
    mynameistallulah Posts: 2,238 Forumite
    Reply to mike bach, you are totally wrong in your advice, i will not receive the couples rate, you dont know what your talking about so if you dont know dont give advice, you caused me distress and worry for nothing you not a welfare advisor so dont give you advice that you know nothing about, i have had it checked today with welare rights and you were totally wrong in all your advice so in future keep it shut if you dont know what your saying instead of scremongering

    If you post on an open forum you have to accept that anyone can reply, and as mikey bach was posting in good faith I think your post is out of line and very rude.

    If you only want answers from professionals, I would suggest that you stick to Welfare Rights in future.
  • mikey_bach
    mikey_bach Posts: 912 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 5 July 2012 at 10:45PM
    Reply to mike bach, you are totally wrong in your advice, i will not receive the couples rate, you dont know what your talking about so if you dont know dont give advice, you caused me distress and worry for nothing you not a welfare advisor so dont give you advice that you know nothing about, i have had it checked today with welare rights and you were totally wrong in all your advice so in future keep it shut if you dont know what your saying instead of scremongering

    Broughton Man, I work in a BDC, I.S changes, I process A2s and add partners to claims who have NINOs and no recourse to public funds :)

    we pay them single rate and the couples DP, if entitled to the DP
    and I dont know for sure about EDP, but I wouldnt be bothered now to look it up for you anyway
    These cases go to a DM and the couple rate DP is awarded.

    OK, I Dont know my job then, and neither does our DMs and our accuracy teams, no problem there then lol.

    If you dont want the extra money dont take it, give it to charity, I cant understand why you wouldnt want the money, if entitled. But hey its your choice.

    If she has capital between 6k and 16k it will effect your claim,
    and if she has an income that will as well.
    If she hasnt then how are you going to support her?

    ok then good luck to you :)
    and lets hope she knows whats shes letting herself in for :(
  • I went to welfare rights and they shown me that has partner has No N.I.No and recourse to public funds they will not add the couples rate, he also shown me the rulling on this, so right now after speaking the the D.W.P today and them saying yes you will ONLY get the single rate on your I.S and both premiuns i tend to trust them as i got it straight from the horses mouth
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