I had asked previously if council housing was considered public funds and the question was answered, but then the thread turned into 'what if children are involved' and it no longer applied to my personal situation. So, rather than add to confusion and continue it on that thread, I thought I would start a new one, since I am looking for advice as my situation has now turned from hypothetical to real.
A "brief" Cliff's Notes version: British husband has been unemployed just over 6 weeks now and I am here on FLR(M), which does not allow me access to public funds. His landlord (a family friend) is now selling the property we live in and we have been given until 5th of January 2009 to find a new place, ergo, he has applied for emergency council housing. (Emergency because we will be considered "homeless" based on the fact that we have no where else to go and there is no formal tenancy agreement, meaning the people who own the property don't have to "follow the rules" regarding any kind of eviction process -- even though we're not being 'evicted' per se.)
My husband made the appointment in November and just had his interview 17 December. The lady at his interview instructed him that he must include my information on the application form where it states 'joint applicant' but assured him that the application and any subsequent tenancy would only be done in his name. So, we have completed the form, however, my husband doesn't want me to sign the form at the end because he is afraid the department of housing will base his eligibility off us as a couple rather than him individually. In fact, now he wants to even strike out all of my information as the 'joint applicant' and have me listed as just living with him, as I am now his wife.
This whole situation is so tricky and maybe it should be less than we are making it out to be. At the end of the day, we are law abiding people and the last thing we want to do is mess things up for me in the long run with my ILR to have a red-flag that public funds were associated with my name. We realize that as a British Citizen, he is still fully entitled, but we worry about the following:
(1) Getting me banned from the UK (or something just as bad) because it "appears" that we're trying to find a loophole in the system and get public funding through housing -- even though it's not to benefit me, ultimately.
(2) Him getting denied council housing because they think the same, that we are trying to deceive the system by applying, even though my immigration status clearly states on my residence permit (which they have a copy of) "no access to public funds."
I suggested we include a letter with the housing application that states we are fully aware of the rules and his rights regarding the situation and that it is not our intention to appear that we are trying to "not follow the rules" but we were advised by someone from the housing department to complete the application with me as a joint applicant.
Anyway, I know there are some people here highly educated/informed in this area and I would really appreciate advice as to what we could/should do regarding this application. Just want to keep everything on the up and up...and maybe cover my a_ _ at the same time.