Public Funds (Uk)

[kp86]

Hi all,

My husband is in the UK on FLR. SInce recieving his FLR I have begun studying a degree for which I am entitled to and receive: a student loan (which I have to pay back) and a Maintanence Grant (government funded, do not have to pay back). The amount of Maintanence grant I received was based on my mothers income (as I have not been self sufficient for 3 years). When asked if I had any dependent adults I answered no, and when asked my partners income I answered £0 as he was not allowed to work at the time.

I am now worried that receiving this maintanence grant will jepordise his ILR visa. In theory when I apply for my loan again this year, I will receive less money than I would if I were single due to my husband having an income, but could this grant be considered as me needing government funds to support us? I work part time and this money alone is £700 per month. My grant is used to top up my income that I lose out on due to being at Uni instead of working full time. When we apply for his ILR should I keep quiet about the student loan/grant and the fact I am studying as my part time work income and his income are sufficient enough to show that we can support ourselves (£1400 per month)? I can't see how the UKBA could see this grant as me claiming more money due to my husband being here as I would be entitled to the same amount or possibly even more if I were single, but do not want to risk any chance for refusal. Any one had any experience of receiving student loans/grants whilst sponsoring their partners?

My second query is: When applying for FLR we were renting a room in a shared house and had a lease. My mother has since offered us to live with her rent free, and we have accepted. There is more than enough room for us (3 bedroom house with only my mother living there) and it seems silly to waste money on renting when we can live there for free. Will this be grounds for refusal of ILR as the rules state you must "own or occupy exclusively adaquate accomodation? In my eyes sharing a house with my mother is no different to renting a room in a shared house however again I just want to be sure there will be no refusal.

Sorry is any of this is confusing and I will greatly appreciate any advise or experiences that might put my mind at ease.

Thanks!

[7by7]

Whilst your husband is not allowed to claim any of the proscribed public funds until he has ILR, you can claim any and all to which you are entitled, as long as you do not claim extra due to his living with you.

Student maintenance grants are not on the list of proscribed public funds, but I doubt that someone who is not a British citizen or does not have ILR would be entitled to one. However, it doesn't matter as it is you who is claiming it, not your husband. So as long as you are receiving no more than you would were you single, it shouldn't be a problem.

Living with your mother is not a problem. "Exclusively owned or occupied" means that if you are in shared accommodation, in your case your mother's house, then all that is required is that there is at least one room for your exclusive use.

We were living with my parents when my wife and step-daughter received their ILR.