Public funds after ILR

[Sean7398]

Hi. My wife is here in the UK on a spouse visa ( been here for a year now of a two year spouse visa)- I wanted to enquire about public funds. I know she is not allowed public funds while she is on a 2 year spouse visa, but once she gains her ILR, will she be eligible to receive them??

Thanks folks,

the best site around!

[batleykhan]

Yes she will be able to claim some but not other public funds as some of them depend upons ones contribution into the system

[Obie]

It might have an effect on future Citizenship application, should she wish to acquire it.

[batleykhan]

It might have an effect on future Citizenship application, should she wish to acquire it

Obie in what way will it affect one applying for Citizenship. I cant figure it out.

I thought it would effect an ILR application,but cant see anything relating to claimimg benefits in Form AN?

[Obie]

Yes, if you read the guidance on Page 19 Section 3 of this link, you will notice that part of the character requirement is that the applicant should have been working and paying taxes in the UK.

Therefore, i suspect an applicant who has consistently been on state benefit could be denied citizenship on the grounds that they are not of good character.

The odd tax credit or child benefit will not have an effect, but Income Support certainly will be construed as bad character.

[vinny]

I believe that if entitled, then public funds may be claimed. However, note that:

7.8 Dishonesty in relation to public funds

7.8.1 Caseworkers should not normally grant an applicant who is drawing public funds to which they are not entitled. Such cases may or may not result in prosecution. If they do not, caseworkers can grant an application if they are satisfied that there was no deliberate attempt to deceive the authorities.

[batleykhan]

Thanks Obie and Vinny for that information

[John]

if you read the guidance on Page 19 Section 3 of this link, you will notice that part of the character requirement is that the applicant should have been working and paying taxes in the UK.

There is no such requirement! But if it is suggested that the guide could have been better worded, I would agree.

That is, there is an expectation that the applicant has paid all tax and NI due, but if they have not been working then such liabilities will be £0!

Or put it another way, it is not a problem if a housewife (or indeed househusband) has not earned a penny since coming to the UK. Such a situation would not reflect upon them, as regards the Good Character requirement.

Also, once ILR has been granted, there is absolutely no problem the person claiming whatever benefits their circumstances dictate they are eligible for. And even before the ILR is granted there are many exceptions, as more fully discussed in the Claiming Benefits section of this board.