Claiming affordable housing and sponsorship of parent

[muhammad.khan7]

Hello All

Scenerio:
I am working on my mother settlement (outside of UK) from India.

My wife is planning to go for affordable housing (something like housing benefit, but you still pay 80% of the rent). Any benefit payments will be into her own bank account and all correpondance from council will be in her name i.e Mrs. wife name.

So the 2 questions are:
1 -If my wife gets affordable housing, will this affect my mother application for whom i act as sponsorship.

2 - Reason is ask is because in the application i am asked i.e. do you receive any benefits, so I like to double check that i would say YES or NO there.

Appreciate if someone can please answer the 2 questions as above.
Many thanks.

[wiggsy]

if your wife recieves a "benefit" then you also receive it...

all claims for benefits when you are in a couple should be as a couple... not to do this is fraud.

- housing benefit should certainly be claimed as a couple...

by affordable housing, do you mean a council house/ housing association? - this is not a benefit... it is a tenancy... but a council house is considered as "public funds" (for some crazy reason)

however, if you have a right to claim it in your own right... then immigration cannot be affected by you excersising your right to claim it... as long as your "sponsoree"'s presence wont increase the liable funds being paid to you (IE: a couple needs a one bed home, if your mother moves in then you need a two bed home. therefore there is an increase so considered claiming public funds - which is a no no...)

its difficault to explain. but:

a couple with a child... they need 2 bedrooms
a single person with a child... they need 2 bedrooms

if a single person moves his wife here, there is no increase in liability... therefore no effect
if a single person moves his adult brother here then there is an increase as adults need a room each...

(clear?)

hope thats helpful... but basically... if you dont declare it.. you commit fraud

[muhammad.khan7]

Thank you, wiggsy.
You have answered all my questions in great detail. That i appreciate.

To your question, yes, tenancy will be with council housing or housing assocation. It's just 20% reduction in rent compare to the open market rents. So one pays out 80% rent to the council or housing association.

[wiggsy]

you would be paying 100% of the rent then, or would you be claiming housing benefit too...

"market rates" are kind of irrelevant if provided by an housing association... (although they have a good 20-40% reduction in rent.. - its only "public funds" if you secure the home via the housing list of the council... and even then, only if the "additional needs" were included for the sponsoree - if you/your family could claim the assistance anyway [as i explained breifly above])

I do believe that you need to be on the tenancy as a couple though... When i moved in with my ex on an housing association we had to redo the tenancy as a couple... (so the fact its all in wifes name - could be a little risky...? - as with private lets... it states "who can live here" etc...)

however, if you claim housing benefit, this would need to be claimed as a couple - legally your income is a joint income... etc... therefore it *might* go against you for sponsorship... (but this im not certain about - but if you cant earn enough to support yourself, how can you support somebody else....?)

this is the info regards social housing... see page 3 and 4...
http://www.bridgesprogrammes.org.uk/ima ... _funds.pdf

these two are also relevant... to some degree...

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
page 13-

This page tells you how people who are subject to immigration control can access housing through their spouse or partner.
A British citizen or a person settled in the UK who receives housing from a local authority can include their partner’s name on the tenancy agreement, even if their partner is subject to immigration control.
As it is not the person subject to immigration control making the claim they must not be considered to be claiming public funds

note: the document doesnt mention any exceptions for housing/ctax benefit - which is claimed as a couple... FYI.

(related but loosely)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[O_Relly]

In this post you have stated you are working on your mother's settlement from India,

Scenerio:
I am working on my mother settlement (outside of UK) from India.

In your previous posts you have stated your mother lives in Pakistan,
http://www.immigrationboards.com/viewto ... 683#725683

My mother is living back home (Pakistan) living alone.
Father died in 2011.
She was in UK in 2012 as family visitor and later went back.
She has her mother side family members in Pakistan who visit each other on weekly basis, but more or less she lives alone at home.
She can cook, wash, and wear cloths herself.
I am settled (ILR) in UK and sponsor of my mother.

Also here,
http://www.immigrationboards.com/viewto ... 119#682119

[Ayyubi72]

Perhaps their family lives right on the border, and keep moving back and forth between India and Pakistan.