Claiming benefit while my wife and baby's FLR(M) pending

[dina123]

Hi everyone,
I got my ILR 3rd July, 2013. I got queries regarding claiming benefits, hope that Gurus would help me about this:

1. In order to apply for benefits do I need to wait for 3 months? I am confused because one of my friends said that I have wait 3 months to entitle any kinds of benefits.

2. I got a little baby of 1.5 years old. My wife does not work, I am the only earning person, earns approx. £1200/month. I am entiles to claim child tax as well as child benefit?

3. I don't have any property in my name. Am I entiltled to claim housing benefit

4. Can I claim any other benefits.

I have applied for FLR(M) for my wife and baby (as born foreign) but still pending though applied in February this year. If you need any other information please let me know.

Thanks.

[Amber]

You can claim straight away, child benefit in your name. Tax credits in joint names. You may be entitled to housing benefit if you pay rent, however, you should ensure that no extra amount is paid for your spouse who is subject to immigration control.

Your wife, I gather is in the UK as you have applied for flr(m). What basis did you qualify for settlement/ILR? How long has your spouse been in the UK and what was her last visa?

[dina123]

thanks for your prompt reply. Here are the answers:

1. I got my ILR through 10 year route
2. My wife with me here for just one year
3. I do pay rent for my living
4. What other expenses for wife you indicate, please clarify

thanks again.

[Amber]

thanks for your prompt reply. Here are the answers:

1. I got my ILR through 10 year route
2. My wife with me here for just one year
3. I do pay rent for my living
4. What other expenses for wife you indicate, please clarify

thanks again.

I gather that she was previously a PBS dep and that she was granted this before July 2012?

Other expenses for your wife? Sorry. I don't follow you.

[dina123]

Hi Amber
Thanks for the reply.
- My wife was student dependant as my previous visa was PSW VISA
- she got her visa before July last year.
-what did you mean by your previous mail: " you should ensure that no extra amount is paid for your spouse who is subject to immigration control".

[Amber]

Tier 1 PSW spouse dep is a relevant PBS spouse dep, the time as a PBS dep should be able to be combined with that of flr(m) to equal 2 years in order to qualify for set(m).

I mean if you apply for housing and or council tax benefit, you should ensure that no extra benefit is paid for your wife as she is subject to immigration control.

[habsimak]

Tier 1 PSW spouse dep is a relevant PBS spouse dep, the time as a PBS dep should be able to be combined with that of flr(m) to equal 2 years in order to qualify for set(m).

I mean if you apply for housing and or council tax benefit, you should ensure that no extra benefit is paid for your wife as she is subject to immigration control.

Dear guru
I got my ilr under 10 years and my wife got her flr m recently. She falls under rules prior to jul 2012. She spent 1 year as psw dependant and 1 year 6 months as tier 1 general.
You are advising other members on this forum that they can combine the stay as PBS dependent with flr m to qualify for set m.
The recent changes to the settlement route for dependends which came into effect on 06 April 2013 does not allow you to add any time spent as a dependent on a non settlement route to be added towards settlement.
I called home office for clarification and they said the same. Even though my wife has spent 2 years and 6 months in uk she still has to wait for another 6 months as she cannot use her psw dependent period towards settlement.

Would you please put some light on this matter as I am still confused about the changes.

I would also like to take this opportunity to ask you as to what benefits I can claim while my wife in under immigration control. I have a child born in uk and I have applied for child benefit only.
I have noticed that the form set m is asking for the details of all the benefits claim on the application form. Under section 8 of form set m theorist line they mention is "you must provide evidence that your partner is a blue to adequately maintain you and any dependends in the united kingdom without recourse to public funds".

How does this work out when a settle person is allowed to have benefits. Will they refuse the application on the basis that the main applicant is taking benefits?

Your input in this regard is highly appreciated.
Thank you in advance for your time and advice.

[Amber]

Continue in your other thread.

[dina123]

Dear Amber
Sorry I am confused reading all your different types case reference to me. What does this mean? Does it mean Her 1 year as a PSW dependant would not combined to FLR(M) dependant to make it 2 yrs qualifying period? so Please expain. However, just to remind you that she came to the UK just one year ago and visa was issued before July last year.

Thank you to remind me.

[Amber]

At the moment, the time your wife spent as a PBS dep can be combined with that of flr(m) to equate to the 2 year qualifying period by virtue of immigration rule 287(a)(i)(d). However, this rule may be changing soon, you need to keep checking the current rules before you proceed to apply for your wife's settlement.

[Amber]

Hi
I recently got my ILR and I have a little baby born in Banladesh for whom I am thinking to apply for child benefit. In this case can anybody help to answer the followings:

1. Am I entitled to apply for her child benefit. Because, in her visa it is written that 'No recourse to public fund;

2. In the child benefit form they asked to send the passport of the baby who has not born in the UK. But in that passport above matter is written on the British visa

3. Do I need to send my own original/ photocopy of my passport and visa. However it is not asked for in that form.

thank you all

[Amber]

1. Yes.
2. Send the passport.
3. Original documents, send via recorded/special delivery.

[dina123]

Hi
I recently got my ILR and I have a little baby born in Banladesh for whom I am thinking to apply for child benefit. In this case can anybody help to answer the followings:

1. Am I entitled to apply for her child benefit. Because, in her visa it is written that 'No recourse to public fund;

2. In the child benefit form they asked to send the passport of the baby who has not born in the UK. But in that passport above matter is written on the British visa

3. Do I need to send my own original/ photocopy of my passport and visa. However it is not asked for in that form.

thank you all

[Amber]

The claim should should be in either name. Where a joint claim is made and one of the couple is not subject to immigration control the claim will not be classed as a public funds. Thus would not adversely affect future immigration applications. If your spouse is the primary carer then name her.

On a side note, you wife should apply for SET(M) as soon as possible.

[dina123]

Dear Sir
I have seen that you have advised some other people in the forum in response of claiming housing benefit, "Not to claim for extra amount/ claim as lone parent. "

My question is in the housing benefit claim form they asked for partner and children details, so how I could fill the form as it asks for for their details from the begining to the end? Should I mention their name or just leave it?

pLEASE ADVISE IN SUCH CRUCIAL MATTER AS MY WIFE'S ILR DUE ON JUNE 2014/

THANK YOU

[Amber]

You must mention then but include on a covering letter that your partner is subject yo immigration control and the applicable amount must be based on a single person/ lone parent. What is your partner's native Country?

[dina123]

Thanks for reply. Its means that do I have to fill the form first including the section for partner than attach a covering letter disclosing her immigration status?

My wife is from Bangladesh.

[Amber]

Yes you must include her, it must be a joint application but only paying for you and the children.