access to public funds

Hi all,

Just wondering, it says that you are not allowed recourse to public funds on the websites etc. I happened to read on the inland revenue website today that even if you have no recourse to public funds stamped on your visa, that you may still be able to recieve some beneifts and tax credits etc. Does anyone know if this is the case, anyone have any experience with this? IF so, what benfits were you elligable for?

thank you

Gigahorn (Learea's fiance)

Just wondering, it says that you are not allowed recourse to public funds on the websites etc. I happened to read on the inland revenue website today that even if you have no recourse to public funds stamped on your visa, that you may still be able to recieve some beneifts and tax credits etc. Does anyone know if this is the case, anyone have any experience with this? IF so, what benfits were you elligable for?

Yes, it is the case and the recent earthquake in Pakistan vis-a-vis the Pakistani students here bears this out. 

But, and a very big *BUT*, accessing public funds when it is against the terms of one's visa is an undertaking to be massively cautious about.  It comes back to "visit" on subsequent applications, or should I say "haunt"... 

If you come here w/the knowledge that you need to rely on the welfare state to fully support yourself or your dependents, then it goes to follow that you're not eligible for the terms of the visa - no access to public funds.  The British spouse may apply for and continue to receive all benefits to which he/she is entitled, including tax credit - but of course, income will be determined as a couple. 

As Garry pointed out, the students left in the lurch by the earthquake in Pakistan is an extreme, emergency situation, and their visa applications will be regarded as such. 

This question comes up again and again, and the answer is always the same:  NO access to public funds for those subject to immigration control and the British spouse can continue to receive whatever benefits to which he/she may be entitled, provided his/her application is completed on the basis of a joint couple.

So when you have to reapplie what happens then you have to say your married I get them and know I can continue once chris and I come back and I will notify them the situation has changed and I am now married but what then do I or anyone else say but we do not want to claim extra money errrrrrrrrrrrrrrrrrr such a pain.

The tax credit office does state that if one part of the couple is from the uk citizen then the other gets treated as if he/she has not got recourse to public funds in his/her pass port you just can not win.

Oh well yet another hurdle to get over but visa first deal with this issue next when we are back here again come the end of may fingers and toes crossed and everything else.

It is a very grey area but on the tax credits site it does state right at the bottom of the page that as I just posted anyone who is entitled to tax credits because they are a british citizen can continue to claim them and the husband/wife even with no recourse to public funds in there passport has to be treated as if it where not there I found this by accident looking for something else.

But to be honest single or as a couple you do not get more anyway.

One department makes it sound like no one can claim and another department makes it sound like anyone can errrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr.

When you get married you'll need to reapply for all the benefits you receive w/the exception of Disability Living Allowance (DLA), and report your spouse's financial circumstances and income once they begin work and/or studying - since, yes, student loans count as income.  

It is entirely likely that your payments will be STOPPED whilst your new applications are processed, so don't be shocked by this - particularly w/housing/council tax benefit and tax credits.  This happens to parents whose partner leaves and really leaves them in the lurch, but it's unfortunately how it appears to be done.

I cannot stress how important it is to be upfront and report quickly, especially in regards to tax credits and in particular working tax credits, which are now paid directly by the IR.  They can and will come after people who do not report a change in circumstances in a timely fashion.  

Income support and contribution-based JSA will need to be adjusted or ceased once your spouse begins employment.  

Do everything in writing and keep a copy.  Similarly, keep copies of all correspondence sent to

It is a very grey area but on the tax credits site it does state right at the bottom of the page that as I just posted anyone who is entitled to tax credits because they are a british citizen can continue to claim them and the husband/wife even with no recourse to public funds in there passport has to be treated as if it where not there I found this by accident looking for something else.

This is as black and white as it gets:  ANY spouse is entirely 'there' when it comes to their income, however small.  And that includes ANY income you were required to report on your application or renewal form - child maintenance, savings, stocks and shares, etc. 

Yes, you are British and can continue to claim, on a new application w/all yours and your spouse's income and assets reported.  Even if they are NOT working, you need to report anything they have or get, including alimony and child support payments, social security, etc.

I just had the most unpleasant experience of having gone through a - thankfully successful - appeals process w/regards to our tax credit claim, made just after I received ILR and had given birth to our child. 

It was only b/c there was strong written evidence that we had reported ALL our income correctly and in a timely fashion that our appeal was upheld.  The errors had been theirs, but the onus of proof was ours. 

DO NOT mess around with this!  Better for the spouse to tough it out and get working, to go super lean, than to get caught out by this, b/c it's now being run by the IR and they do not play nice.

If you are getting housing benefit, same deal.   

it makes big difference for me as i cannot currently claim as you have to be over 25 if claiming for tax credits as a single person, if you are a couple then can claim once 16 so if she is allowed to be considered then it would mean i would become entitled to them which would be a big help. I guess it is best to play it cautious and not apply.