Hello
Guest

Sponsored Links


Topic: Source to public funding  (Read 1704 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 215

  • Liked: 3
  • Joined: May 2016
Source to public funding
« on: September 14, 2018, 05:56:29 PM »
Hi

I have a question and something i am worried about. I have been living in the UK for almost 2 years on a spousal visa/leave to remain.
me and my husband have falling on hard times as he lost his job after 16 years at the same company and I lost mine 2 months before that due to illness.
basically, I didn't realise i applied for JSA but as a joint and didn't know that until my husband went for an appointment.  they told me that i was not entitled to public funding but wanted to put it through anyway as i refused and said no if that would get me into trouble when i would go to reapply for my visa next year.  they still did it anyway as a joint. me and my husband got a letter in the mail saying it had been approved. question is that will that effect my visa  next year? any advice on this would be great appreciated. also, my 3 year mark next year comes 1 month after my visa expires is there a way i can still apply for my British citizenship early instead of waiting another 2.5 years on another leave to remain.  thank you !


  • *
  • Posts: 17774

  • Liked: 6121
  • Joined: Sep 2010
Re: Source to public funding
« Reply #1 on: September 14, 2018, 06:54:51 PM »
also, my 3 year mark next year comes 1 month after my visa expires is there a way i can still apply for my British citizenship early instead of waiting another 2.5 years on another leave to remain.  thank you !

Even if your visa was still valid you would not be eligible to apply for citizenship as you have to be free from immigration control and that doesn't happen until you have ILR which takes 5 years.  It's a strange quirk.


  • *
  • Posts: 4484

  • Liked: 980
  • Joined: Apr 2016
Re: Source to public funding
« Reply #2 on: September 14, 2018, 06:57:59 PM »
Hi

I have a question and something i am worried about. I have been living in the UK for almost 2 years on a spousal visa/leave to remain.
me and my husband have falling on hard times as he lost his job after 16 years at the same company and I lost mine 2 months before that due to illness.
basically, I didn't realise i applied for JSA but as a joint and didn't know that until my husband went for an appointment.  they told me that i was not entitled to public funding but wanted to put it through anyway as i refused and said no if that would get me into trouble when i would go to reapply for my visa next year.  they still did it anyway as a joint. me and my husband got a letter in the mail saying it had been approved. question is that will that effect my visa  next year? any advice on this would be great appreciated. also, my 3 year mark next year comes 1 month after my visa expires is there a way i can still apply for my British citizenship early instead of waiting another 2.5 years on another leave to remain.  thank you !
Contact them right away to have it fixed and return any funds they have given you beyond the individual rate. For more information on public funds check this:
https://www.gov.uk/government/publications/public-funds--2/public-funds



You need ILR to qualify for citizenship, so you need the next 2.5 year FLR(M) to qualify for ILR.

Sent from my Nexus 5X using Tapatalk



  • *
  • Posts: 215

  • Liked: 3
  • Joined: May 2016
Re: Source to public funding
« Reply #3 on: September 14, 2018, 07:44:35 PM »
Okay, I will have to phone them Monday to fix it and thank you for the replies. I am not even sure why they would approve me knowing about the restrictions on my spousal visa. would that be a big problem if i went to apply next year again? also, it says on the uk.gov site after 3 years of being a permanent residence by marriage to a British citizen you can apply for British citizenship.  Kinda, confused the difference between a Infinite leave to remain and a Leave to remain visa. is that the one i should of applied for originally? went and read information so ILR is basically citizenship?  thanks for all the help :)
« Last Edit: September 14, 2018, 07:47:35 PM by mdamiani »


  • *
  • Posts: 18239

  • Liked: 4993
  • Joined: Jun 2012
  • Location: Wokingham
Re: Source to public funding
« Reply #4 on: September 14, 2018, 07:49:11 PM »
If you don’t pay back the overpayment, your visa will be refused.

You can apply for citizenship, once you are free from immigration control, which is indefinite leave to remain.  It takes five years to achieve on the spouse path.  For a spouse, they only look at the previous 3 years absences to determine if you qualify for citizenship.

Your next visa will be FLR(M) and after you’ve been here for 5 years as a spouse, you can apply ILR.  Then citizenship.


  • *
  • *
  • *
  • Posts: 26913

  • Liked: 3606
  • Joined: Jan 2007
Re: Source to public funding
« Reply #5 on: September 14, 2018, 08:08:48 PM »
The main requirements for citizenship are:

- you hold ILR
AND
- you have been resident in the U.K. for 3 years if you are married to a U.K. citizen

If you are not married to a U.K. citizen, then the requirements are:
- you have held ILR for 12 months
And
- you have been resident in the U.K. for 5 years

In either case it takes 5 years to qualify for ILR.... so people married to a U.K. citizen, can apply as soon as they have received ILR, which will be after 5 years in the U.K., but people not married to a U.K. citizen have to wait until they have been in the UK at least 6 years.


Sent from my iPhone using Tapatalk


  • *
  • Posts: 215

  • Liked: 3
  • Joined: May 2016
Re: Source to public funding
« Reply #6 on: September 14, 2018, 08:38:25 PM »
That’s horrible and so much money compared to what the US does. We’re just approved so the only money we got was £114 pounds. I can’t do anything until Monday morning as they’re closed. I am just angry that I wasn’t listened to when I said don’t put my name on the forms and to redo it with just my husband. Thank you all for the help


  • *
  • Posts: 445

  • Liked: 73
  • Joined: Jan 2014
  • Location: U.K.
Re: Source to public funding
« Reply #7 on: September 16, 2018, 03:16:29 PM »
I guess you will be repaying by cheque? I advise you to copy the cheque, copy the covering letter you send with it, copy the special delivery receipt. This may sound like overkill but those may be important documents if you do not get a reply.


Sent from my iPad using Tapatalk
Married 1966, left UK 1969, returned 1998, left again 2000, returned June 2014 (husband on spousal visa) granted FLR(M) November 30th 2016  and ILR on  24th May, 2019. Yeah!


  • *
  • Posts: 3954

  • Liked: 350
  • Joined: Sep 2014
Re: Source to public funding
« Reply #8 on: September 16, 2018, 05:51:06 PM »
We’re just approved so the only money we got was £114 pounds.

He should only be getting £73.10 a week as a single person claim. £114.85 is the couple rate, meaning that he is claiming extra money for you because you are not working either.


 I have been living in the UK for almost 2 years on a spousal visa/leave to remain.
me and my husband have falling on hard times as he lost his job after 16 years at the same company and I lost mine 2 months before that due to illness.


I don't understand this. If he has been working for 16 years before he lost his job, then he would be claiming Contribution Based JSA of £73.10 a week and you would not be able to be part of that claim. CB-JSA is only paid for up to 6 months, but doesn't take into account any  savings or a partners income.

Has he had his 6 months on CB-JSA and has now gone onto Income Based JSA? Or did he apply for CB-JSA and mentioned that you were not working either and that you didn't have savings of over 6k, which made them think he should be on Income Based JSA? If he hasn't had his 6 months, then he should be claiming Contribution Based JSA as he can't claim extra money for you.

It's the same with other benefits such as Housing Benefit, make sure he doesn't claim extra for you.e.g. he can't claim the couple rate of Housing Benefit as you are not allowed public funds.

« Last Edit: September 17, 2018, 10:01:57 AM by Sirius »


  • *
  • Posts: 3954

  • Liked: 350
  • Joined: Sep 2014
Re: Source to public funding
« Reply #9 on: September 17, 2018, 10:02:38 AM »
Both IB-JSA and HB are two of the six income based benefits that under the Welfare Reform laws, are being replaced by a one payment called Universal Credit. He might already be on UC, or will likely be transferred to UC if he needs to ask for help with his rent. He will better off on Universal Credit than the benefits it is replacing.e.g. UC does not have the sudden end of benefits that the present income based benefits have and when he finds work UC will continue to taper the benefit payment until you are back on your feet: UC allows for debt repayment, whereas the benefits it is replacing do not. It's always best to ask the CAB to do a benefit check to see what he will be better off claiming.

 If you have debt and are finding it hard to meet the repayments, don't be afraid to ask for help. StepChange is a government backed debt charity that gives free advice and help (don't pay one of the many companies that are springing up, who want money to help).
https://www.stepchange.org/

It's a bit late atm, but when he gets another job, he might want to look at  taking out insurance that will kick in if he loses his job, gets too ill to work etc. Look on it like a fire insurance policy, it's needed but you hope you never have to claim on it. Benefits are only a backstop for those in real need and as you can see, they are just survival rates with very little for those that don't have children: although the able bodied parents choosing to live off the benefits intended for their children, are being stopped.

« Last Edit: September 17, 2018, 12:27:13 PM by Sirius »


Sponsored Links