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Can Wife Obtain Ilr When Neither Is Currently Working ?


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#1 3point14

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Posted 02 December 2012 - 10:18 PM

My wife has a settlement visa based upon marriage and should now be applying for ILR as she has been here 2 years. However, I have been out of work for nearly a year and claiming JSA, Housing Benefit, Council Tax Benefit and Child Tax Credits. My wife does not work. We have one child, a UK national from birth, as am I.

I am not worried about a breach of "recourse to public funds" but rather on whether she will be able to obtain ILR without an income.

When work is available I earn good money and have used savings to assist over the last year or so but these savings are nearly drained and I really don't want to waste £1000 or so on an application if I know it will fail. However, I'd like to put the application in now and get it over with so to speak but I would like some guidance on how my lack of work and income will affect the application.



#2 Victoria

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Posted 02 December 2012 - 10:23 PM

It depends what your savings and outgoings are.

#3 Visa Direct

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Posted 03 December 2012 - 12:50 PM

My wife has a settlement visa based upon marriage and should now be applying for ILR as she has been here 2 years. However, I have been out of work for nearly a year and claiming JSA, Housing Benefit, Council Tax Benefit and Child Tax Credits. My wife does not work. We have one child, a UK national from birth, as am I.

I am not worried about a breach of "recourse to public funds" but rather on whether she will be able to obtain ILR without an income.

When work is available I earn good money and have used savings to assist over the last year or so but these savings are nearly drained and I really don't want to waste £1000 or so on an application if I know it will fail. However, I'd like to put the application in now and get it over with so to speak but I would like some guidance on how my lack of work and income will affect the application.


Could be a problem... if you are saying your savings are drained how will you meet the maintenance and accomodation part? This is definitely a postal application.

#4 3point14

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Posted 04 December 2012 - 11:47 AM

It depends what your savings and outgoings are.


Is there some mathematical formula ?

You could have savings of £1m but if your outgoings are £1.1m then you are worse off than someone whose income merely matches their expenditure at much lower levels.

#5 3point14

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Posted 04 December 2012 - 11:52 AM


My wife has a settlement visa based upon marriage and should now be applying for ILR as she has been here 2 years. However, I have been out of work for nearly a year and claiming JSA, Housing Benefit, Council Tax Benefit and Child Tax Credits. My wife does not work. We have one child, a UK national from birth, as am I.

I am not worried about a breach of "recourse to public funds" but rather on whether she will be able to obtain ILR without an income.

When work is available I earn good money and have used savings to assist over the last year or so but these savings are nearly drained and I really don't want to waste £1000 or so on an application if I know it will fail. However, I'd like to put the application in now and get it over with so to speak but I would like some guidance on how my lack of work and income will affect the application.


Could be a problem... if you are saying your savings are drained how will you meet the maintenance and accomodation part? This is definitely a postal application.


Accommodation is covered by Housing Benefit / LHA irrespective of my wife given I have a child.

Maintenance is covered in part (to what degree I am not sure) by JSA and Child Tax Credits.

The only negative I see there is that a couple is supposed to get £118.45 a week and as wife is not able to claim, I receive £71.00. This is a technical shortfall of £47.45 a week or £1223.70 for 6 months or £2467.40 for 12 months.

Is an argument that I have at least £2467.40, essentially covering the gap between the single and joint person's JSA amounts, sufficient. Presumably JSA amounts are amounts deemed adequate to live on.

#6 Victoria

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Posted 04 December 2012 - 03:16 PM

I really think you need to get assistance with this. Much of the benefits are ring fenced and can't be used.

#7 3point14

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Posted 04 December 2012 - 04:08 PM

I really think you need to get assistance with this. Much of the benefits are ring fenced and can't be used.


Ring fenced ? I haven't heard this used in such a context before.

What cannot be used are benefits to which you would be entitled once ILR was issued; in this case the shortfall of £47.45 per week. There would be no change to any other benefits and as they are already received, it is my understanding that they have to be considered.

As to what is a reasonable time frame to consider when looking at the sums available, surely 12 months is sufficiently far ahead. In the context of a £47.45 a week figure, that would be less than £2500 in total.

I am not sure what argument could be given to deny ILR on the basis of insufficient funds when savings coupled with statutory benefits were equal to and in fact above the amount of benefits a couple would receive were one of them not subject to immigration control.

#8 Victoria

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Posted 04 December 2012 - 04:48 PM

Okay. Good luck. But if that confident, I'm not sure why you came to ask if you qualified or not.

#9 pozsonyi

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Posted 04 December 2012 - 05:01 PM

you'd do well to read this:
http://www.ukba.home...uly/settlement/
and as to what public funds are this:
http://www.ukba.home...es/publicfunds/

#10 3point14

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Posted 04 December 2012 - 06:00 PM

you'd do well to read this:
http://www.ukba.home...uly/settlement/
and as to what public funds are this:
http://www.ukba.home...es/publicfunds/


Yeah, thanks for that.

She has passed her Life in UK test a few months ago.

As to public funds, we claim no benefits to which I would not be entitled to myself, thus she does not have any recourse to public funds. Some funds, such as tax credits have to be applied for as a couple but it is well documented that there is a general exemption for this because one cannot apply as a single person.




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