...ILR Query Please Read...

[pally3]

The time is here for us to apply for ILR, but we have a concern. I have searched the forum but not found any answer to my query.

I am British citizen and my wife (housewife) is on a 2yr spouse visa, she been here in UK for 23months now. I was made redundant 5 months ago, previously worked for 6 years without any gaps in employment. My wife recently gave birth to our son. She has passed the Life in the UK test and we have bills and letters in our names to show we have been together etc.

Since I’ve been made redundant, I have been claiming:

1. Contribution Based Job Seekers Allowance
2. Child benefit (On my name and they are aware that my wife is subject to no recourse to public funds)
3.Child tax credit (on both names but they are aware my wife is subject to no recourse to public funds)
4. Council tax bill (On my name and they are aware that my wife is subject to no recourse to public funds)
5. Got one of payment from Health in Pregnancy Grant for £190 (On my name and they are aware that my wife is subject to no recourse to public funds, extra checks were done)
6. Got one of payment from Sure Start Maternity Grant for £500 (On my name and they are aware that my wife is subject to no recourse to public funds, extra checks were done)

My wife during her stay has never applied for any benefits nor do I get any extra money in my benefits for her. I don’t get housing benefits because the property we live in is family owned and we can stay there as long as we like without making any contribution towards it.

My bank account has never been over drawn, not even during last five difficult months. My out goings are well less than what I’m getting from total benefits, so we’ve been managing fine on this money alone. I’ve made many job applications, going into hundreds and had number of interviews but to no avail.

I know I can apply for all benefits that I am entitle to but can they refuse my wife’s ILR because we are surviving on my benefits and neither of us are working? Could they could turn around and say to my wife that your partner is on benefits, struggling to support himself/family, granting you ILR would mean you too getting money from benefits.

Has anyone been in this situation? what was the outcome? Spoke to a solicitor and he claims they probably will refuse the application and that I should apply for further visa extension and find a job before applying for ILR. Can someone please help me...

[salina02]

It doesnt look good for me but lets see what the seniors reply.

[xyz123]

your benefits have no effect at all on your wife's ILR. For ILR there is no minimum criteria for bank balance or salary.

You should be ok.

[xyz123]

It doesnt look good for me but lets see what the seniors reply.

on what basis are you saying that?

[Casa]

UKBA case workers are instructed not to refuse ILR spouse applications due to lack of finance alone.
The benefits claimed won't affect your wife's application but you should apply by post. PEO staff don't have the authority to make a decision on any application which isn't 100% straightforward.

[pally3]

UKBA case workers are instructed not to refuse ILR spouse applications due to lack of finance alone.
The benefits claimed won't affect your wife's application but you should apply by post. PEO staff don't have the authority to make a decision on any application which isn't 100% straightforward.

Thanks guys, I was really stressed about this. The reason I wanted the PEO service was because the decision is given straight away, whereas the postal service can take many months and that probably will drive me nuts. That’s why I am willing to pay extra.

My wife is thinking about taking up a part time job at a restaurant until I find a job, its 15hour a week paying national minimum wage. That will be extra £250-£300 a month after NI/tax. What if we delay our ILR (she has 27months visa) application, so that we have 2/3 months wage slips and then use the PEO service, would that be classed as straight forward case for PEO to handle? I am just wanting to use the PEO service for a quick decision.

[Casa]

In the time it takes to delay your application in order to submit pay slips from your wife, the postal application would probably have been processed.

[pally3]

Hi thanks for the answers, we have now decided to use postal service as advised. I have few more questions...

We claimed the following;

1. Child benefit (On my name)
2. Child tax credit (On both names)
3. Council tax bill (On my name)
4. Health in Pregnancy Grant of £190 (On my wife's name)
5. Sure Start Maternity Grant of £500 (on my name)

On SET M form, 7.6 public funds, whose name do I tick the above, mine or my missus - she is subject to no recourse to public funds whereas am British.

Secondly is Sure Start Maternity Grant (SSMG) "social fund payment"?

And lastly, for first six month we lived with parents, are we required to provide some letters for each of us for that address, if so how many do you think is sufficient?

[pally3]

Just an update, wife has been granted with ILR. Special thanks to Casa and xyz123 for answering my questions.

Summary: At the time I had no job, was claiming child benefit, child tax credit, council tax and JSA contribution based. We also received one of payments for SSMG and HiPG.

I hope the above helps others with their queries, good luck to everyone with their application.