Dependant visa extension new form

[sheraz_aries]

I have another question on Council tax benefit and Council tax discount..is there any difference in both of them?

if you have this many questions perhaps you should be seeking advice from an immigration solicitor or advisor on your application.

yes there is a difference, but you should not be receiving either - are you?

Could you please confirm as someone mentioned in the form earlier that" single person council tax discount" can be taken and it won't effect your application?

[pgaitonde]

as far as i know, Council tax benefit and council tax discount are 2 different things.

According to http://www.direct.gov.uk/en/MoneyTaxAnd ... G_10018923

They say that Council tax benefit can be claimed by:

You may get Council Tax Benefit if you pay Council Tax and your income and capital (savings and investments) are below a certain level. You may apply whether you rent or own your home, or live rent-free. You could qualify if you are out of work, or in work and earning a wage.


Council tax discount can be claimed by:

A full Council Tax bill is based on at least two adults living in a home. Certain groups of people don't pay Council Tax. So, if you live with any of them, they won’t be counted as an adult for Council Tax purposes.
These people include:
children under 18
people on apprentice schemes
18 and 19-year-olds who are in full-time education
full-time college and university students
young people under 25 who receive funding from the Skills Funding Agency or Young People’s Learning Agency
student nurses
foreign language assistants registered with the British Council
people who have a severe mental disability
live-in carers who look after someone who isn't their partner, spouse or child (up to 18 years)
diplomats


So the students who come from outside the EU region can claim full 100% discount on council tax..


I am not sure so i have raised it here but Mr. Greenie says that i have to consult a solicitor for posting so many questions..

[Jibo]

I have another question on Council tax benefit and Council tax discount..is there any difference in both of them?

if you have this many questions perhaps you should be seeking advice from an immigration solicitor or advisor on your application.

yes there is a difference, but you should not be receiving either - are you?

Hi Greenie

I have a question on this; myself and family i.e wife and child are here on tier 1 visa but immediately after getting to UK and didn't get a job on time, i registered for my Msc as a full time student instead of spending my money on frivolities and based on this got a full council tax discount as a full time student.
On my online council tax account statement it has different breakdown and a portion there says benefit and beside it is written no record of benefit; i have since finished my course, done my graduation and now work and i started paying the full council tax immediately i finished school my question is
Will getting the discount from the council during my full time study disturb my visa renewal which is due in December 2012 because it is only stated that we are not entitled to benefit and not discount/exemption.
This link http://www.immigrationboards.com/viewto ... 4461db406c and also this links which states as what counts as public funds http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[QuickSam]

I am not sure so i have raised it here but Mr. Greenie says that i have to consult a solicitor for posting so many questions..

The board answers questions but in your case, you are pointing a finger at one of the most knowledgeable members of this board.

Almost all people have benefited from Greenie's responses.

Please read your Visa Stamping again. It says no recourse to public funds. If you are claiming either Council tax benefit or Council tax discount, there might be an issue. You'd have to inform HMRC and might have to pay this back.

[pgaitonde]

The board answers questions but in your case, you are pointing a finger at one of the most knowledgeable members of this board.

Almost all people have benefited from Greenie's responses.

Please read your Visa Stamping again. It says no recourse to public funds. If you are claiming either Council tax benefit or Council tax discount, there might be an issue. You'd have to inform HMRC and might have to pay this back.

I am not pointing finger to anyone out here. The only thing which i was doing is asking many questions as i can so to be sure on what i am filling is correct.

[sheraz_aries]

Hi
Guys can we get an answer of would having "Single person discount" effect your application or not?

[pgaitonde]

looking at this post http://www.immigrationboards.com/viewto ... 4461db406c doesnt look like it will impact. But it will be great if some senior members can comment on it.

[Greenie]

looking at this post http://www.immigrationboards.com/viewto ... 4461db406c doesnt look like it will impact. But it will be great if some senior members can comment on it.

adamboston's posts in the above thread explain the difference. Claiming council tax benefit is a breach of your conditions if you have no recourse to public funds.

Council tax discounts/exemptions are not a public fund so if you are claiming a discount/exemption even though you shouldn't be it wouldn't effect your application- however I stated earlier in the thread that you would should not be claiming either as I assumed, given that you are applying for a tier 1 extension with a dependent that you would not be claiming a single person discount for example although there are some circumstances in which you could claim a single person discount if living with a spouse (for example if one of you was a full time student, and you were the only non student living in the house). The examples of council tax discounts are set out in the direct gov link posted above.

[Greenie]

i thought this forum answers all the questions and doesnt depend on how many you have?

If you say that i need to contact the solicitor then i will do so.. Thanks..

I did not say that you need to contact a solicitor, I suggest that you may wish to do so since you have a great number of questions, and you may therefore benefit from a professional advising you to ensure that you have understood the forms and requirements.

[sheraz_aries]

So what should we say about "Single person discount" effect your application or not?

[Greenie]

So what should we say about "Single person discount" effect your application or not?

it is not a public fund, so no it won't effect an applicaition for leave to remain. However, as a tier 1 general migrant, with a spouse , on what basis are you claiming single person discount?

[sheraz_aries]

So what should we say about "Single person discount" effect your application or not?

it is not a public fund, so no it won't effect an applicaition for leave to remain. However, as a tier 1 general migrant, with a spouse , on what basis are you claiming single person discount?

I am not claming now but used to do when was living alone in my flat and wife was outside uk

[Greenie]

So what should we say about "Single person discount" effect your application or not?

it is not a public fund, so no it won't effect an applicaition for leave to remain. However, as a tier 1 general migrant, with a spouse , on what basis are you claiming single person discount?

I am not claming now but used to do when was living alone in my flat and wife was outside uk

that's fine.

[sheraz_aries]

Helpfully they have added these questions to the form but not added anything to the policy guidance - although it has always been the case that they can refuse applications (particularly for entry clearance, where the main applicatnt is already in the UK and the dependent is overseas) on the grounds that the relationship is not subsisting. You may wish to provide evidence that you are living together (e.g. bills/bank statements in joint names/ not in joint names but to same address), tenancy agreement etc.

I am planning to send utility bill and council tax but they are dated in nov 2011 and Dec 2011, while I am filing my application in last week of feb 2012, Do you think they would be acceptable being little old?

[sheraz_aries]

Just found out that they changed the form for PBS Dependent visa. And have added few fields like:

K3. Is your relationship with the main applicant subsisting?
K7. Do you intend to live with the main applicant throughout your stay in the UK?
K8. Do you intend to stay in the UK beyond the period of leave that the main applicant has been granted


What would be the possible answer on above and specially K3 do we need to provide some sort of evidence here?

What would be the answer for the above questions please?

[sandram45]

Members,

Any guidance on answering M6, L3 & L4

M6: Has the main applicant's application been assessed in accordance with paragraphs 39-42 of the HSMP forum ltd. Judicial review policy document?

Yes. Or. No
-----------------------------

Section L

L3: reference number of the main applicants most recent application to us

L4: date of the main applicants most recent aapication to us?

Regards
Sandram