Benefits : affecting ILR? Read before starting new topic.

Post by **Amber** » Thu May 02, 2013 5:21 am

wiggsy wrote:
ac123 wrote:Hi John and all experts, can you pls put your thought regarding this,
If some one who applied for his wife's flr m application under the old rules and while the application is pending , he applies for homelessness assistance from the council with two UK born children, would that be counted as public fund and affect wife's FLRM application ?? Many thanks.
AC: See this file - it was updated on 6th April 2013.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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, or
 a national of a country in the European Economic Area (EEA).
i still havent seen a list of funds that a BC family member can claim, despite numerous attempts via FOI... but I do assume that it is the same as the EEA national - just UKBA won't admit that!)

- perhaps somebody else has info on this?

i do note that page 20 states:
This page lists countries in the European Economic Area (EEA) and tells you what public funds nationals of these countries can claim.
The following countries are in the EEA.
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Republic of Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
UK
EEA nationals can claim the following public funds:
 Attendance allowance
 Carer’s allowance
 Council tax reduction
 Child benefit
 Child tax credits
 Personal independence payment
 Working tax credits
 Disability living allowance
 Contribution-based employment and support allowance (ESA)
 Severe disablement allowance
 Social fund payment
 Universal credit.

No, it is nothing to do with what an EEA national can claim. An EEA is protected by different regulations. A British or settled person who has a partner who is subject to immigration control can claim benefits but the rules can be tricky and usually but for tax credits the award of benefit will not give an amount for someone who is subject to immigration control. This does not include contribution based benefits. Whereas, an EEA (exercising treaty rights) and his/her partner (possibly family) will have the right to reside and most importantly will not be subject to immigration control.

alphaherts · Post by **alphaherts** » Sun May 05, 2013 9:30 am

Dear John,

Current Situation:
I am BC, my wife is on spouse visa, I have 2 children. I am claiming CTC(as a couple), CB and CTB is only under my name. My wife has to apply ILR at the end of this year.

Query:

Does claiming above benefits will affect my wife's application for ILR?

I would like to clarify that, you advise under post ( Posted: Fri May 23, 2008 3:20 pm) is still valid or immigration rules has changed?

I'll appreciate your kind reply.

Regards.
Alpha

Post by **Amber** » Sun May 05, 2013 10:34 am

alphaherts wrote:Dear John,

Current Situation:
I am BC, my wife is on spouse visa, I have 2 children. I am claiming CTC(as a couple), CB and CTB is only under my name. My wife has to apply ILR at the end of this year.

Query:

Does claiming above benefits will affect my wife's application for ILR?
I would like to clarify that, you advise under post ( Posted: Fri May 23, 2008 3:20 pm) is still valid or immigration rules has changed?

I'll appreciate your kind reply.

Regards.
Alpha

No, but ensure that the CTB claim is giving you a single persons amount not a couples amount. Although, the council must know that you are a couple and that your wife is subject to immigration control. The issue is that some councils (CTB and HB) are still paying couple amounts to a couple when one is subject to immigration control and this will breach the restrictions of "no recourse to public funds".

alphaherts · Post by **alphaherts** » Sun May 05, 2013 11:18 am

Thank you Amber for your immediate response.

JShah · Post by **JShah** » Tue May 07, 2013 7:05 pm

Hi,

My query is regarding public funds. I am bit confuse, Can anyone please guide me if claiming single person occupancy discount(Council tax reduction)(25%) comes under Public Funds. I am on Tier1(G) visa and my ILR is due in OCT2013. I was claiming 25% single person council tax discount, have I breach the immigration rules. I claimed it for few months which i have already stopped. Please guide me whether I should tick YES or NO on the application form SET(O) where says if I AM RECEIVING ANY PUBLIC FUNDS
i will highly appreciate any response.

Regards
J

Post by **Amber** » Tue May 07, 2013 8:04 pm

JShah wrote:Hi,

My query is regarding public funds. I am bit confuse, Can anyone please guide me if claiming single person occupancy discount(Council tax reduction)(25%) comes under Public Funds. I am on Tier1(G) visa and my ILR is due in OCT2013. I was claiming 25% single person council tax discount, have I breach the immigration rules. I claimed it for few months which i have already stopped. Please guide me whether I should tick YES or NO on the application form SET(O) where says if I AM RECEIVING ANY PUBLIC FUNDS
i will highly appreciate any response.

Regards
J

See your other thread.

alexfergusonn · Post by **alexfergusonn** » Mon May 20, 2013 3:26 pm

Hello All

I have been following this forum for quite sometime and I thought I must share my experience as it, I am sure will help release some tension, anxiety among fellow (situation) riders.

Arrived at Croydon office 9:30 for 10:00 appointment. Bio-m done in 30 mins then asked to go to second floor. Officer took documents and thanked for bringing photocopies of all the documents (by the way we took about 12 letters instead of 6). I was prepared to quote sections relating to benefits (shared with us by mod John) if case worker thought otherwise.

We didn't tick any of the benefits mentioned in the form (CB or WTCC) rather opted for John's suggestion and ticked claiming 'none'.

Decision in 35 minutes!
Thanks to all the mods who took time to answer our repeated questions and good luck to rest.

indianabones · Post by **indianabones** » Mon Aug 19, 2013 9:43 am

Based on the guidelines (Home Office - Public funds v10.0) dated 14 August 2013which you guys have given the link for. I've noted on page 19 the following statement regarding exceptions:

Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for tax credits purposes, neither are treated as being subject to immigration control.

My brother is British (by birth) but his wife who is Pakistani is currently on a Spouse VISA which will expire in July 2014. We will need to ensure they meet all criteria to be granted the ILR.

They have had a baby, she is now 4 months old and British. He should be able to claim child benefit and also working tax credit based on the above quoted statement, unless my understanding is wrong? They are struggling financially at the moment, but of course need to ensure they don't break any laws.

Post by **Amber** » Mon Aug 19, 2013 9:45 am

indianabones wrote:Based on the guidelines (Home Office - Public funds v10.0) dated 14 August 2013which you guys have given the link for. I've noted on page 19 the following statement regarding exceptions:

Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for tax credits purposes, neither are treated as being subject to immigration control.

My brother is British (by birth) but his wife who is Pakistani is currently on a Spouse VISA which will expire in July 2014. We will need to ensure they meet all criteria to be granted the ILR.

They have had a baby, she is now 4 months old and British. He should be able to claim child benefit and also working tax credit based on the above quoted statement, unless my understanding is wrong? They are struggling financially at the moment, but of course need to ensure they don't break any laws.

Yes, your Brother should claim child benefit in his name and tax credits should be in joint names.

snowboy3k · Post by **snowboy3k** » Fri Sep 06, 2013 8:35 pm

hello john

will like to ask about the child tax credit and child benefit, my wife is a British citizen and am on post study visa, going to apply for a spouse visa soon, on filling her child tax credit, we come across on subject to immigration control, in which i am. if she claim those tax will it affect my spouse visa, for the child tax credit, we are applying it on both our name because we are married. will like to get advice on here please.

Post by **Amber** » Fri Sep 06, 2013 8:45 pm

You're entitled to claim as a couple (and are required to do so) as your spouse isn't subject to immigration control, thus tax credits are not longer considered a public fund in your case and it'll not affect your flr(m) application.

snowboy3k · Post by **snowboy3k** » Sat Sep 07, 2013 10:31 am

so we will be able to claim child tax and working tax credits, im working but she is not. we were just worried incase it jepodised my spouse visa resourse to public fund. She is the main carer for her children so she would claim the child tax and me the working tax right? thank you

Post by **Amber** » Sat Sep 07, 2013 10:41 am

As your spouse is not subject to immigration control she would claim Child Benefit and you would both claim Tax Credits as a couple.

snowboy3k · Post by **snowboy3k** » Sat Sep 07, 2013 10:57 am

Again..when filling the form i came across "Are you or your sponsor receiving
any public funds?" which include child tax credit, child benefit, house benefit, working tax credit, council tax and so on.. what are we to fill in there or should we leave it blank or tick it?

in the form child tax credit, child benefit, house benefit, working tax credit, council tax and so on are been classify as a public funds which are relevant for the purposes of the Immigration Rules. am a bit confuse here because immigration classify them as a resource to public fund. why tax credits are not longer considered a public fund in my case?

Thanks

Post by **Amber** » Sat Sep 07, 2013 11:04 am

You can tick you and your partner are receiving tax credits and your partner child benefit, the caseworkers know this is allowed by law.

snowboy3k · Post by **snowboy3k** » Sun Sep 08, 2013 11:00 am

Sorry to bother you again...going through the ukba public fund section i came across this "

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 tax credits purposes, neither are treated as being subject to immigration control

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.

"

can you explain to me more on what they mean here am a bit confuse thanks

Post by **Amber** » Sun Sep 08, 2013 11:10 am

It means you can claims tax credits as a couple where one of the couple is not subject to immigration control. In such cases, the tax credits are not classed as a public fund.

snowboy3k · Post by **snowboy3k** » Fri Sep 13, 2013 1:14 pm

Sorry to bother again, will claiming working tax credit affect a spouse visa?

Thanks

Post by **Amber** » Fri Sep 13, 2013 2:17 pm

No, so long as the tax credits are claimed as a couple.

jony_dhaka · Post by **jony_dhaka** » Tue Sep 17, 2013 2:42 pm

HI All ,

I have got ILR last month and i will apply for British citizenship after one year .

My question is, if i claim Jobseekers Allowance now will there be any problem when i will apply for British citizenship ?

Post by **Amber** » Tue Sep 17, 2013 3:47 pm

No, claiming benefit you are entitled to will not effect a citizenship application.

jony_dhaka · Post by **jony_dhaka** » Tue Sep 17, 2013 4:24 pm

Thank you Guru ..I will highly appreciate if you could get me a link regarding this subject where i can get more information .

Thanx a lot .

D4109125 wrote:No, claiming benefit you are entitled to will not effect a citizenship application.

Post by **Amber** » Tue Sep 17, 2013 4:50 pm

See British Citizenship – Good Character Requirement FAQs (click)

jony_dhaka · Post by **jony_dhaka** » Tue Sep 17, 2013 5:46 pm

Thanx a lot Guru. keep up the good work .

D4109125 wrote:See British Citizenship – Good Character Requirement FAQs (click)

bobby_das · Post by **bobby_das** » Fri Oct 25, 2013 8:30 am

hi

i am on ilr settlement visa,my wife is on tier1 general and my daughter (4) is on tier1 dependent.can i claim child benefit for my daughter.does this effect my wifes visa when she apply for ilr.
can anyone please help regarding this.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Benefits : affecting ILR? Read before starting new topic.

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