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Claiming Benefits And Upholding My Maintenance Undertaking


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#1 GerryReddaway

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Posted 01 December 2010 - 02:18 PM

Hi All,


I am British and married to my Brazilian wife who has just completed 2 years in the UK on a entry clearance visa. This visa expires in Feb 2011. We are at the stage of applying for ILR as one would at this point.
I have read the guidance notes on the link from Detailed Public Funds Guidance


For the last 3 months I have been claiming job seekers, housing benefit and council tax benefit, as I lost my job in the recession. After reading many posts and reading the public funds guidance notes until I was dizzy I have come to the conclusion that yes I can claim, I must be careful that my benefits don't increase due to my wife. Job seekers is single based (so OK) the council tell me that I am also entitled to the benefits and they treat me as single (however if my wife earns more than 100 odd quid a week for every pound she earns it is treated as joint income and my benefits are reduced)


So as far as I can see my claims would not increase due to my wife.


However, firstly when I signed the application form for my wife for entry clearance I made a maintenance undertaking for her. My logic is that if I can't support myself without public funds, how can I maintain my wife. So for the last 3 months I have failed this undertaking?


Secondly, when we apply for ILR we need to show a new maintenance undertaking that we can support ourselves without public funds. My logic leads me to say the application will fail because of my claims.


In summary, even though I can legally receive benefits it contradicts that we or I can support ourselves.


If everything above is correct and gloomy - at the moment I am searching for work at a similar level to that of my last employment, however there is always the option for a lower position to at least get me off the benefits, but how much per month is expected for two people to support themselves? EG - I get a low paid job that doesn't earn enough so the application fails anyway with this option.


Any advice will be greatly received.


Many thanks, Gerry




#2 GerryReddaway

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Posted 01 December 2010 - 03:15 PM


For the last 3 months I have been claiming job seekers, housing benefit and council tax benefit, as I lost my job in the recession. After reading many posts and reading the public funds guidance notes until I was dizzy I have come to the conclusion that yes I can claim, I must be careful that my benefits don't increase due to my wife. Job seekers is single based (so OK) the council tell me that I am also entitled to the benefits and they treat me as single (however if my wife earns more than 100 odd quid a week for every pound she earns it is treated as joint income and my benefits are reduced)

So as far as I can see my claims would not increase due to my wife.



I have just been here http://en.wikipedia....leave_to_remain and found this:

Unlike people with Limited Leave to Remain (LTR) in United Kingdom, ILR holders do have access to public funds. The wordings "No recourse to public funds" is not written in ILR holders' visas. As a result, they are able to claim job seekers allowances and other benefits which are usually available to UK citizens.


So in actual fact our benefits will increase or would increase due to my wife being able to claim herself, as currently our income jointly would make more benefits available. and I guess there is no form to promise stating that you will not claim after the ILR. So my current situation lends to a refusal... ...right?


Any help is gratefully received.


Gerry

#3 Victoria

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Posted 01 December 2010 - 04:47 PM

How about "don't use wikipedia for immigration advice".




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