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Topic: Yet Another 'Council Housing/Public Funds' Query  (Read 426 times)

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Yet Another 'Council Housing/Public Funds' Query
« on: December 18, 2008, 07:40:12 PM »
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.
23 Jan 06 - Met Online
17 Jul 07 - ENGAGED!!! :-D
30 Jun 08 - Applied for Fiance Visa
22 Jul 08 - Received Visa
01 Aug 08 - Arrived in UK!
01 Nov 08 - MARRIED!!!
03 Nov 08 - In-person FLR(M) - GRANTED!!

19 Dec 09 - 1st son born :)

02 Oct 10 - KOL Passed
26 Oct 10 - ILR app (posted Special Delivery)
27 Oct 10 - online tracking confirmed delivery
30 Oct 10 - Confirmation via post
15 Nov 10 - ILR granted/documents returned!!!

05 Nov 13 - 1st daughter born :)


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Re: Yet Another 'Council Housing/Public Funds' Query
« Reply #1 on: December 19, 2008, 08:58:46 AM »
 I would think it is similar to tax credits as long as he your husband is the main clament then it will be ok for you to have a property off the council you need to put in a covering letter saying that you his wife are on a FLR visa and not entitled to public funds and that you have to fill in the application on a joint basis because you are married, this will cover any confusion and if there are any mistakes made it will be down to the council and not you as you have made it clear in your letter to them.

Make sure you keep a copy for your records also and get them to sign something to say they have had the letter if possible also.

Good luck

Indy


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