Future Ilr Application.

[Sorridstroker]

Hi.

Currently my wife is waiting for spouse visa to enter the uk, my question however is regarding the future application of ILR and benefit claims.

I understand that my wife is unable to claim benefits such as unemployment/housing while on her spouse visa.

my question is:

Can I as a British citizen claim benefits such as unemployment/housing without having a detrimental affect on my wifes application for ILR?

I ask because I notice on the ILR application form it specifically asks which benefits we BOTH have claimed during the previous two years.

Thanks for any help offered.

[7by7]

As a British citizen you can claim any and all benefits that you qualify for; but you cannot claim any extra for your wife.

Two exceptions are tax credits and child benefit.

If married or living with a partner, tax credits have to be made as a couple, so she is allowed to be included in the claim.

If she has any children and they are coming too, she cannot claim child benefit for them, but you can.

See the Home Office leaflet No recourse to public funds; what does it mean?

[Sorridstroker]

Thanks for the reply - that all makes sense.

I'm not sure however why they ask if I have claimed jobseekers or housing in the last two years, don't get me wrong I don't plan to live off benefits but heaven forbid I should loose my job then I'm not keen on doing something that may affect my wifes status in the future.

[7by7]

I'm not sure why they ask that either; maybe if you answer 'Yes' they then check to ensure you did not claim extra for your wife.

One point is that, although once she has ILR your wife will be able to claim any and all benefits that a British citizen can, you do need to satisfy basically the same maintenance and accommodation requirements for an ILR application as you did for the initial visa; i.e. to show that you can support yourselves without her claiming public funds (Immigration Rules, Para 287.(a) (iv) & (v)).

[Sorridstroker]

Thanks again.

Thats made me feel a bit easier, hopefully the situation will never become an issue but who knows during the recession.

[andyandythai]

Hi,

I am in the same situation as you sorridstroker!! My wife and child (uk citizen) will be coming to the UK soon, once the visa is back. I know we can claim child benefirt (familly allowance) & tax credits but would this go against the application for ILR in 2 years time, do they class this as access to public funds?

Can this be used in the calculations of income and expenditure or not?

Another question a little off topic that someone may be able to help with, also coming will be my oldest step son age 16, he is Thai and a visa application (settlement) was submited at the same time as my wife that we are waiting for. Can he go to college in the UK, I know the visa would allow this but any idea how it works as he is not a UK citizen in regards to cost and applying for places etc?

Many Thanks

Andy

[7by7]

Q1. See the link I provided earlier.

Q2. Yes any benefits or other public funds you receive does count as income.

Q3. Local Education Authorities are legally obliged to provide free school places for all children aged between 5 and 16 resident in their area, regardless of the child's nationality or immigration status.

However, an immigrant who is over 16 and wanting to go to college is a different matter.

Obviously, you and your step-son need to decide what type of course he wants to do and then find a suitable college offering that course.

With regard to funding, I'm afraid that he (or you!) will have probably have to pay the full fee, and he will probably not be eligible for any form of student loan or other financial assistance.

From Student finance: personal eligibility

Residence

To qualify for student finance as a student from England, you will need to meet all of the residence requirements. Generally, on the first day of the academic year in which your course starts, you must:

• be a UK national or have 'settled status' in the UK (under the terms of the Immigration Act 1971)
  
• be 'ordinarily resident' in England
  
• have been 'ordinarily resident' in the UK, the Channel Islands or the Isle of Man for the three years immediately before starting the course - and not wholly or mainly for the purpose of receiving full-time education
  

Students who are settled in the UK may also be eligible if they have exercised a right of residence in the EEA or Switzerland before returning to the UK to study.

You're 'ordinarily resident' somewhere if it's where you normally live. It doesn't matter if you're out of the country temporarily from time to time.

'Settled status' means that there are no immigration restrictions on how long you can stay in the UK. (This means ILR or the equivalent; 7by7)

But this doesn't cover all circumstances - even if you don't meet these criteria, you may still qualify for student finance.