No Recourse To Public Funds

roseygrech

I am a British Citizen, 60, drawing a state pension plus two tiny weeny company pensions and I rent supported housing from the local housing association.

My civil partner (Australian) is here with me in UK on a FLR(M) visa (valid until 2009 when she then applies for ILR(M) which will allow her to stay indefinitely). Her visa states that she does not have recourse to public funds (which is just about every benefit).

That is fair enough, we have absolutely no problem with that but - my question is.........can I apply for benefits in my own right that she also would benefit from (i.e Housing Benefit)?

We don't want to step over the line and jeapodise her visa.

Thanx
Ros

[Deleted User]

I am not sure about any other benefits but I know that for Tax Credits purposes that you would still be able to claim. You must apply jointly (for TC) and you would be awarded it based on your circumstances as you cannot be penalised because your partner has no recourse to public funds.

Soubrette

Basically Ros, I believe you are able to apply for any benefits that you are entitled to but your partner's income will be taken into account as part of your claim (even though they are actually not entitled to anything).

When making any claims I would explain your circumstances though, just to be on the safe side.

As an aside, good luck with the indefinite leave to remain visa and (as I'm sure you are) start collecting that paperwork now

Sou

RDB

Could anyone please help me with some questions about Indefinite Leave to Remain for my wife.

She has also 2 yrs further leave to remain so I understand it that 28 days before that runs out we have to apply for ILR.

So is this the one where we need 20 different proofs of living together for the last 2 yrs?

I am trying to find out exactly what else is needed and is it very difficult?

Also if we were out of the country during that time, how long is allowed before it effects things?

RDB

roseygrech wrote: »

I am a British Citizen, 60, drawing a state pension plus two tiny weeny company pensions and I rent supported housing from the local housing association.

My civil partner (Australian) is here with me in UK on a FLR(M) visa (valid until 2009 when she then applies for ILR(M) which will allow her to stay indefinitely). Her visa states that she does not have recourse to public funds (which is just about every benefit).

That is fair enough, we have absolutely no problem with that but - my question is.........can I apply for benefits in my own right that she also would benefit from (i.e Housing Benefit)?

We don't want to step over the line and jeapodise her visa.

Thanx
Ros

Ros I wondered the same thing but something to think carefully about is part of the 20 proofs you need may be they want to see proof of you paying council tax where you live. If you have been getting Housing ben/CTB and they get a snif of it will that mean it will be failed and she will have to leave the country?

I am in the same boat so would like to get answers too?