Posted 25 November 2012 - 06:21 PM
My husband is on a spousal visa and has another 12months on this. We were living with family but for two reasons we need to move out. The first being we are overcrowded and the second is we have been given notice due to personal issues with the son of the lady we live with. When my husband arrived, i was on pregnant with my first child. I am still 'employed' although on Mat Leave but my husband is having difficulties finding permanent work.
The Council has recognised us having a housing need and we are being referred to the homeless team but I have been told that they must tell the HO of our situation as my husband doesnt have ILR. Can someone please advise of what will happen if they tell the HO? Will they revoke his visa? I don't know anyone that has been in this situation before. We have tried to private rent but the agencies wont take us on due to our income level and my husbands lack of ILR so the council will refer us to private rent (they have a scheme for deposits) but I am worried about the HO aspect.
Thanks in advcance
Posted 26 November 2012 - 09:16 AM
I think seeking / being awarded properties due to being homeless is considered a public fund for your husband.
However they won't revoke his visa, and by the time you apply for ILR you will be in accomodation that you rent, you won't still be homeless. I don't think they would tell the HO, i think more likely they would not legally consider that you fit homeless criteria, and not have a duty to house you.
Also i think that even though your husband is not entitled to public funds, you and your child are.
Have a look on the benefits section of the site, as there might be some relevant cases there.
Hope an advisor can clarify properly for you.
Posted 26 November 2012 - 10:12 AM
If you are in housing association or with a private landlord, it is not. And if you are housed because you have a child, it is not.
I see no reason why you need to tell the Home Office until the ILR application.
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