Has anyone here recently got his/her ILR while in receipt of housing and child tax credit benefits?

[ans_barnett]

Hello everyone.

I would like to ask an advice as I am planning to apply for ILR before the end of this November 2013. We are receiving housing benefit, child tax and child benefits, will these affect my application. They put child tax credit under my name but actually the account is joint, so it doesn't matter whose name counts. But I already called HMRC that I want the child tax credit to put under my husband's name even though it is a joint account. I am just waiting for the paper work to arrive that they have changed it to my husband's name.

I both passed the Life in the UK test and ESOL entry 3. Is it ok to include also the expired english test result i had used when i applied for spouse visa which is equivalent to B2 level?

- With the benefits paperwork, do i need to submit all the paper works from the start or just the most recent one which is the one under my husband name is fine?

-with the bills, how shall i spread them over the two years period? For example the gas and electricity bill how many each of gas and and electric bills do I need to submit to spread it for two years?

Please advise. Many Thanks.

Ans :-)

[Terpe]

Technically, you should NOT have any payment of public funds in your name only.
Public funds may be may in your husbands name (British Citizen or Settled (ILR) Status or in joint names. Just as long as it is not the person subject to immigration control making the claim

As far as UKBA are concerned, 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.

It's important to follow the rules.

Hope that helps clarify

[joebloggs]

and your husband should not claim 'more' of a public fund because your living with him

[ans_barnett]

Thank you Terpe
Technically, you should NOT have any payment of public funds in your name only.
Public funds may be may in your husbands name (British Citizen or Settled (ILR)Status or in joint names. Just as long as it is not the person subject to immigration control making the claim

As far as UKBA are concerned, 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.

It's important to follow the rules.

Hope that helps clarify

[ans_barnett]

We are renting 1 bedroom flat and we have 1 year old son with us. Do we need to move first to a 2br flat/house to say it is suitable accommodation? Or it is still ok to proceed in applying for ILR - premium?

[marksroomspain]

Hiya there under the immigration rules a 1 bedroom property is suitable for 2 people only, if the child is under 1 years of age then that is fine as he/she would not be counted, but if the child is between 1 and 10 years of age then they are counted as half a person.

So yes under the rules of Maintenance & Accommodation then if your child is 1 year old then a 2 bedroom property would be needed.

Hope that helps & good luck...:xxgrinning--00xx3:

[joebloggs]

Hiya there under the immigration rules a 1 bedroom property is suitable for 2 people only, if the child is under 1 years of age then that is fine as he/she would not be counted, but if the child is between 1 and 10 years of age then they are counted as half a person.

So yes under the rules of Maintenance & Accommodation then if your child is 1 year old then a 2 bedroom property would be needed.

Hope that helps & good luck...:xxgrinning--00xx3:

nearly right see here .. http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/maa/

Residential housing

The Housing Act 1985 contains statutory definitions of overcrowding in residential housing. The ECO should bear in mind, as Pakistan 2004 UKAIT 000066 says, that adequacy of accommodation must be assessed on an individual basis. It is not enough to equate adequacy with overcrowding.

A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room. The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.

Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom.

Rooms such as kitchens or bathrooms are excluded.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:

[marksroomspain]

So I see Joe so the guys will be fine in their 1 bedroom flat then as husband and wife and the kiddie also well good news for ans_barnett, cheers for the input...:xxgrinning--00xx3:

[ann_barnett]

Thank you Mark


Hiya there under the immigration rules a 1 bedroom property is suitable for 2 people only, if the child is under 1 years of age then that is fine as he/she would not be counted, but if the child is between 1 and 10 years of age then they are counted as half a person.

So yes under the rules of Maintenance & Accommodation then if your child is 1 year old then a 2 bedroom property would be needed.

Hope that helps & good luck...:xxgrinning--00xx3:

[ann_barnett]

Thank you Joe.. :xxgrinning--00xx3:


nearly right see here .. http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/maa/

Residential housing

The Housing Act 1985 contains statutory definitions of overcrowding in residential housing. The ECO should bear in mind, as Pakistan 2004 UKAIT 000066 says, that adequacy of accommodation must be assessed on an individual basis. It is not enough to equate adequacy with overcrowding.

A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room. The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.

Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom.

Rooms such as kitchens or bathrooms are excluded.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:

[Arthur Little]

Reference your query in #5:


Or it is still ok to proceed in applying for ILR - premium?


:smile: Ann ... all the best with your ILR. And, if you CAN still secure a premium service appointment, then so much the better, as this will also enable you to iron out any unforseen eventualities face to face with PEO staff on the day. IMO, it's DEFINITELY worth paying that bit extra to avoid the stress of waiting for weeks on the outcome. :xxgrinning--00xx3: