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benefits and how they affect spouse's ILR applications

Posted: Wed Jun 23, 2010 11:40 am
by Deej
First time user of these topic boards and looking for some advice:
I am a British citizen but my wife is a Chinese national currently whose visa is the two year 'probationary period' after marriage. Last year I claimed housing benefit was initially rejected but then, on appeal, received a positive response (their reason being that the incorrect percentage was used in their calculations). I also recieved JSA for about a month at the early part of the year.
However, I am worried that as someone married to one not entitled to public funds I myself am also not entitled to any such funds since a condition of the visa is that I should provide entirely for the both of us. I should also mention my wife was working at the time of receipt and has been in almost continuous employment since March of last year.
Have I put my wife's ILR in jeopardy? Is there anyway I can return the funds if necessary and have the incident stricken from the record prior to any application?
Any help would be immensely appreciated,

Posted: Wed Jun 23, 2010 11:56 am
by Wanderer
Did u delcare your wifes earnings on the HB form?

Posted: Wed Jun 23, 2010 11:58 am
by Deej
yes i did-i was totally forthcoming with all information-however, the only question that was asked regarding her nationality and visa status was her nationality with the addition of a small note saying 'we may contact you about this'. I put in wage slips etc.

Posted: Wed Jun 23, 2010 12:22 pm
by Wanderer
Deej wrote:yes i did-i was totally forthcoming with all information-however, the only question that was asked regarding her nationality and visa status was her nationality with the addition of a small note saying 'we may contact you about this'. I put in wage slips etc.
That's fine then, they need to count her income wrt HB otherwise you'd get too much HB which would effectively be using Public Funds - thats why you needed to include her.

Posted: Wed Jun 23, 2010 12:25 pm
by Deej
That's fine then, they need to count her income wrt HB otherwise you'd get too much HB which would effectively be using Public Funds - thats why you needed to include her.[/quote]

So even though she was sharing a roof with me and in effect recieving HB thru me as someone who WAS eligible, the UKBA will not kick her out of the country?

Posted: Wed Jun 23, 2010 1:49 pm
by Wanderer
Deej wrote:That's fine then, they need to count her income wrt HB otherwise you'd get too much HB which would effectively be using Public Funds - thats why you needed to include her.
So even though she was sharing a roof with me and in effect recieving HB thru me as someone who WAS eligible, the UKBA will not kick her out of the country?[/quote]

No because if you hadn't included her your HB would have been higher. Her income as declared on the HB form would mean your HB would be reduced, so her presence is actually saving the Gov. some money!

Did ur HB reduce when you declared her income? You should have filed a new HB claim, not just tell them she's living with you...

Cont'd

Posted: Wed Jun 23, 2010 2:14 pm
by Deej
I included wage slips as stated above but i think where there may have been a mistake was because there was an initial rejection of the claim-because of a percentage mistake made in calculation-and so on appeal they decided to give me the money, perhaps overlooking the immigration status of my wife as a result. So I only ever made one claim and it was using that claim that I included the proof of income.
The amount given was for 61.18/fortnight in Southwark and my actual rent was £380/month.
My main concern is with my wife's ILR being put at risk as I get the impression UKBA will take any opportunity to refuse a case.