ILR for my wife and 4 years old son born outside the UK

[Info Seeker]

Hello Guys,

Myself(main applicant): I got my Tier2 General in Feb 2012, got my ILR in Jan 2017 and got my British Passport in May 2018. From August 2017(when I was on ILR), I have been claiming Housing Benefits, Child Tax credits and Working Tax credits.

My Wife: She came to the UK in July 2013, went back to home country in April 2014 to complete her studies and came back to UK in October 2015 (after passing 19 months outside the UK), since then she is living with me in the UK. Her Tier2 Dependent Visa is going to expire on 19th of January 2019. She has been on Tier2 Dependent since June 2013 until now, and she had never applied for Tier2 dependent VISA from outside the UK except the first one (Entry Clearance, Applied in June 2013). She is NOT doing any job and dependent on me.

My Son: He was born outside the UK in August 2014 when I was on Tier2 General, his visa is also going to expire on 19th of January, 2019.

My Questions are as follows,

1) Could we apply for my wife's ILR as she is eligible for that even if she was outside the UK for 19 months? It is because there is no time limit on Tier2 Dependent, for biening outside the UK, and her last Tier2 Dependent VISA was applied in the UK in September 2016? Please share the information link.

2) Would that affect her ILR application because I have been using public funds (Housing Benefits, Child Tax Credit and working tax credit) since August 2017?

3) Could we apply for our son's naturalisation/BC application with my wife's ILR application(together on the same date) because I am already BC and assuming they will consider her ILR application first and then cosider my son's BC application OR we need to apply for ILR for both and then we can register my son for BC?

4) If my wife's application is successful then, does she has to wait for 1year after ILR OR she can apply for BC right after ILR (because I, the main applicant, is already BC since May 2018)?

5) If we could not apply for my son's naturalisation/BC application with my wife's ILR application, then after my son has been granted ILR do we have to wait for 1year on ILR to get him (my son) registered as a British Citizen OR we can apply for his registration RIGHT after his ILR is granted?

Many thanks guys for your input and kind help for my case. Stay blessed!!!

[CR001]

1. There is no absence limit for PBS dependents whose visas were issued before 11 January 2018.

2. Are you claiming tax credits in joint names with her and housing as single?

3. Children born abroad are expected to hold ILR before they qualify for citizenship. There is also no same day service.

4. No she does not have to wait provided she meets the requirements to apply as spouse of BC based on 3 years residence.

5. No. Child can apply for citizenship with mother once they get ILR.

[Info Seeker]

Thanks CR001 for your reply. I applied as a single person (with dependants) for Child Tax Credit and Working Tax credit but all the letters which I receive from HMRC has mine and my wife's name on the letters and for housing benefits I am getting them under my name (with Dependants) only. I have a guide, which states some important information related to my case, see link below

https://assets.publishing.service.gov.u ... _v13.0.pdf


A paragraph in that link is as follows,


"A joint tenancy cannot be granted to 2 or more people if any of them is a person subject to
immigration control who is ineligible for local authority housing. This applies both to local
authority housing and to housing which is provided by a housing association as the result of
a referral from a local authority. A sole tenancy may be granted to someone who is eligible
(for example a British person or person settled in the UK) but whose spouse/partner is not
eligible. The ineligible spouse or partner is not counted as accessing public funds as a result
of this."

From the above information, my understanding is that I can access housing benefits for the property which is only in my name, what do you say?

I am not receiving HB since August(due to my increase in income), and in September I have changed the flat for which the tenancy agreement is after my and my wife's name and if I want to apply for HB(Housing Benefits) now, then I should NOT apply until my wife's ILR is approved because it not a sole tenancy in my (British Citizen's) name, please advise?

[CR001]

Tax credits MUST be claimed in JOINT names with your spouse. You cannot claim as si gle as you are not single.

[Info Seeker]

On the page 18 of the guidance, (please see the below link) it is stated as follows

https://assets.publishing.service.gov.u ... _v13.0.pdf

"A person subject to immigration control is not considered as accessing public funds if it is
their partner who is receiving the funds they are entitled to.
Child and working tax credits are claimed jointly by couples. If only one member of a couple
is subject to immigration control, then for most tax credits purposes, neither are treated as
being subject to immigration control. See related link: Child tax credit and working tax credit:
exceptions, Exception 5 for further detail.
A person subject to immigration control can claim certain public funds when they have a
right to reside in the UK if they live with a family member who is a:
• British citizen
• national of a country in the European Economic Area (EEA)
For more information on the funds an EEA national can claim and a list of EEA countries,
see related link: Public funds EEA nationals can claim."

So looking at both of these statements, I reckon that if I (a British Citizen) is claiming Tax Credits and Housing Benefits then it WILL NOT affect my wife's or my Son's ILR application, what do you say please?

[CR001]

I never said it will affect ILR IF you are claiming tax credits in joint names.

If you are only claiming as a single person in your name, it would likely be benefit fraud.

[Info Seeker]

No. Sorry, I think I couldn't explain it properly. I am claiming tax credits jointly but I told HMRC that my wife is not recourse to public funds, just to make sure everything is right.

Sorry I feel I may have messed up things and thanks for your kind help and patience.

Please confirm that we can apply for my wife and my Son's ILR together after my wife has passed Life in UK test and Trinity’s GESE Grade 5 exam = CEFR B1?

[CR001]

Yes they can apply together once your wife meeta the LIUK and B1 requirements.

[Info Seeker]

Many thanks CR001 I 'll definintely come back to you if I need any further help. Stay blessed!

[Info Seeker]

Hello CR001/Gys,

Could you please advise me for the following

1) I DO NOT need to provide any proof of my income for the application of ILR for my wife and Son?

2) The ILR fee applications is £2389+2389=£4778 for both in total, if I apply online and send the required documents to UKVI by post?

Could you also please let me know if there is any place/institution/charity where I can apply for financial help for the ilr application for my wife and boy or fee waiver etc?

[secret.simon]

Could you also please let me know if there is any place/institution/charity where I can apply for financial help for the ilr application for my wife and boy or fee waiver etc?

There is no fee waiver for ILR applications.

Some places of work provide loans that spread the cost of the application over a year for ILR and citizenship applications. It may be worth checking with HR in your place of work if they provide such a loan.

Click here for more information for grants that you could apply for.

[Info Seeker]

Thanks Secret.Simon. Could you anyone else answer my questions related to my case please?

1) I DO NOT need to provide any proof of my income for the application of ILR for my wife and Son?

2) The ILR fee applications is £2389+2389=£4778 for both in total, if I apply online and send the required documents to UKVI by post?

[Info Seeker]

Hello Guys,

I am currently filling the online form for my wife and my son's ILR and I have come across the following question and I am confused for the answer because I am currently taking the public fund but my wife or son are not taking any public funds, could you please advise me in this regard that what should I say Yes OR No to its answer? Am I part of the application?

"Do you or anyone else who is part of this application receive any public funds?"

Your prompt answer would be highly appreciated because I am filling the online form at the moment. Many thanks