Public funds

[rainbow24]

Hi,

I have posted my message in the wrong forum (General UK Immigration). I have posted my message on this forum as I find it is more useful. Apologies for that.

Just wondered if anyone has answers to the following questions:

My situation is that I am sponsoring my husband to re enter the UK on a spouse visa. I am currently in full time employment and I am expecting our child early next month, however I have a few concerns.

1. If I decide to go part-time in my job and seek help from the government ie council house, help with the rent/council tax etc, would this affect my husbands spouse visa?

2. If I decide to keep working full-time but apply for a council house in my name, again will this affect his visa and is he allowed to live with me?

3. If my husband gets his visa, comes to the UK and I lose my job (God forbid) what happens then? Obviously, I will have to claim benefits frm the government, but will this mean that my partners visa will affected at the end of the 2 years and he will be kicked back out the country because I am claiming state benefits? He will try hard to look for a job, and within 2 years should find something, but what will happen if he finds a job with a low salary and I still need to claim from the government?

[John]

You appear to think that the term "Public Funds", as in "No recourse to Public Funds" includes every type of benefit. It does not. For example ... relevant to you personally ... it includes nothing maternity related. And you, being British, are allowed to claim benefits within the Public Funds definition, subject to a proviso.

Using your numbering :-

1. You already have a council house? So is it Council Tax Benefit and/or Housing Benefit that you are concerned about? If so, yes you are allowed to claim, but claim no more than would otherwise be the case because your husband is living there. However, a great get-out clause for you ... the income disregard in the calculation of those benefits is the same for "a single parent with child" as it is for "a married couple with child", so no more benefit would be payable with your husband living there.
2. You already have a council house? You want a bigger one? Are you taking into account that your husband might be earning?
3. Again, won't your husband be working? Surely there will be some income coming into the family?

And do be aware that there is no problem you claiming Child Benefit, and also you and your husband jointly claiming Tax Credits, even though his visa will have a "No recourse to Public Funds" restriction.

When do you hope your husband to enter the UK with his spouse visa? When is he applying? In which country?

And when you say "re enter", can you explain the background?

[rainbow24]

Hi John

Thankyou for your reply.

My husband is applying to come to the UK from Pakistan. He has already submitted all his documents early this month to the British High Commission. They said it will take 3 months to process his app for a Spouse Visa.

When I said "re-enter" - he came to this country as an illegal entrant and stayed in the UK for a number of years (6 to be exact). He voluntarily left the country in August this year to apply for the Spouse Visa in Pakistan. I have previously posted here some time ago asking for advice on how to go about preparing his application, and got some really good support/advice from other members on here. Now all the documents have been submitted and we are just awaiting the outcome.

I am also due to give birth early December to my husbands child and I am now starting to worry about where the child and I will live and what we are entitled to.

At present I have tenancy agreement for shared accomodation in England which is due to expire in May. However, I had to tell the landlady that I was going on maternity leave and wished to spend my six months leave with my parents in Scotland so that I could get the support I needed during and after the birth of my first baby.

While I appreciate the help of my family, I have to get a place of my own sooner or later and that is why I am thinking to rent a council house. I don't know if I would be entitled to this, and if so would get any help with the rent/council tax? Although I would continue to work full time after the baby is born, I dont get paid well and as there is only one wage coming in, I am not sure if the government would help me with rent/council tax. My biggest worry though is that if I do get some help, would this affect my husband coming to the UK because the ECO could say that I am getting help from the government and therefore I would not be financially able to take care of my husband as well as myself and a baby. I am also unsure if the council would allow my husband to stay with me in a council house??? The fact that I have a council house, would the ECO reject my husbands visa? Also, at the moment I am still paying the landlady every month for the shared accomodation in England. Is this right, because I am going to be staying in Scotland for six months during my leave? The original agreement was for 12 months from June until May next year.

I am in a right pickle at the moment and I don't know what to do.