marriage no recourse to public funds

bobblebot

Anyone help?
Me and my boyfriend are getting married august but i am

Soubrette

bobblebot wrote: »

Anyone help?
Me and my boyfriend are getting married august but i am terrified of how financially we will manage. He is nigerian, here on a student visa and me british. i have 4 kids from prior marriage and we have a 4 month baby. At moment we live apart so i claim single parent benefits for children, currently on maternity leave but go back to work August-20 hours £120 per week. My worry is how we will financially cope. i get a little housing benefit at mo, ful working tax credit and child tax and 80 per cent childcare.
I am worried how his no recourse to public funds will affect us, i have been told we can claim tax credits in my name but taking into account his income, as he is a student he works 20 hours earning 6000k (although last years income was 9k. He earns about £600 per month but he won't be able to contribute to household as all of this goes on course fees and current debt-his student fees are 6k a year. So although he earns it will make us no better-in fact it will make me worse off to the tune of £600 per month . i am really worried about how long tax credits will take to go through as in this period all the money I will have is £69 child benfit and the £118 I earn a week for 5 kids (1 is a baby) and 2 adults and my direct debits come august will total £1500 per month (£700 rent, £700 childcare (which i rely on tax credits to pay) and insurance, tv etc) without utilities and phone.
I am starting a PGCE course september so have applied for student loans, bursaries and 9k bursary-only problem these don't kick in until October. i just don't know how we will cope from august to october whilst claim is in process, let alone how I will manage to study/work FT on teaching placements and work 20 hours also whilst still managing to be mum to kids. He does intend to try and up his work hours so he can help out more but he can't do this until his visa is sorted.
Does anyone know how our tax credit will go and how long it would take? Would compliance pull it up?
Is there anything we can claim as both being FT time students to help?
Anything I should know about no recourse to funds.

Oh and my ex doesn't give us maintenance for his 4 kids...sore point...he's claiming poverty and won't get off his backside and get a job...some men don't deserve kids!!!
but that's another story.
Thanks in advance

Hi bobblebot

Your tax credits will definitely be affected by his income and you must claim as a couple (even though the claim will be in your name, if that makes sense). If you do not claim as a couple then it's going to be hard to go for the indefinite leave to remain visa as you have to prove you have a true marriage ie have lived together as man and wife for two years.

As far as I know, your fiance is not eligible for any benefits whatsoever. You are entitled to claim any benefits you are eligible for but as you say, his income will be taken into account.

Being pragmatic, is there any way that he can continue on a student visa and then get married when that ends and he can get a full time job?

Sou

bobblebot

Thanks Sou,
Him staying on a student visa is unlikely as his renewal is coming up and his attendance has been sketchy of late as he has been sufferring with depression for a while since baby was born because of our situation. H wanted to get married and be a family but i couldnt until i knew financially we could make it work-as there are the kids to think about and its already a struggle. So...liklihood his student visa won't get reissued because of his poor attendance.
He does intend to work ft, the job he is in is always offering more hours so hopefully he can up those. I am just really worried about how we will cope whilst tax credits are going through as i need the childcare element to be able to start the pgce but won't have enogh money to pay these or the rent.
i believe we'll make it work but we struggle individually already let alone how we'll copw with less money as a couple...yikes!

Conor_3

Well for a start you're only going to be running one house instead of two so there's no rent, gas, electric, council tax, TV licence, internet access or food to pay out of his money which he currently is. That's got to be worth a good £3000+ at the very least. You shouldn't notice your bills rising as feeding one extra mouth when you're already buying for a family doesn't really make much of a difference.

Gillianh2

As you will be a student you will not have to pay Council Tax. You will need to complete a claim form and your uni should either endorse it or provide proof of your Student Status.

I know it cant be easy with small children but is there any room for saving a little to get you thru if your benefits are held up.

Might be worth posting Debt Free Wannabe board and get some tips there on how to cut back and save a little.

krisskross

So if I have understood this correctly your fella is here on a student visa which is unlikely to be renewed. Does this mean he will have to return to Nigeria?

If you get married as planned then he can apply for a different visa as he will be married to a British citizen? If he does this though his income is taken into consideration when you are applying for benefits, and he is not entitled to claim anything for himself.

Will you have to pay for the new visa when you get married?

Very difficult situation. I hope it all works out for you.

Soubrette

Gillianh2 wrote: »

As you will be a student you will not have to pay Council Tax. You will need to complete a claim form and your uni should either endorse it or provide proof of your Student Status.

I know it cant be easy with small children but is there any room for saving a little to get you thru if your benefits are held up.

Might be worth posting Debt Free Wannabe board and get some tips there on how to cut back and save a little.

I believe that if she is living with her husband and he is no longer a student then she will be have to pay council tax at the full rate. If they live apart once married then it's going to be really difficult to prove to immigration that they have a true marriage.

The Debt Free Wannabe board is a brilliant idea - wish I'd thought of it myself

Sou

HappyDuck_2

Re Tax credits - there is no real answer. Some new claims go through in days others take weeks or months (yes MONTHS!). His residence status wont help. Sadly there is nothing Tax Credits can do as until the new claim is fully verified & his recourse to public funds established the payments wont start (though they will backdate fully). In some cases the local IREC can offer hardship payments - but since you wont have a live claim these may be restricted to a 1 off of £50.

Once the claim does start - both your incomes will change due to being students during the year, if you update to a realistic income figure your award may increase.

Compliance - tax credits take fraud seriously - dont even risk it, its not worth it.

Soubrette

Just to reassure you bobblebot - my husband is Canadian and has no recourse to public funds - our tax credits went through as normal and have done for the last two years - his income is taken into account in our application but he gets a nil award, the award is made in my name.

Keep the letters though as you will both get one individually as they are official letters that prove that he and you live at the same address. At the moment you need 20 pieces of official evidence for the next visa.

Sou