Council Housing?

Right, so I moved here in August 2006, at the time we were (still are) living with my inlaws since we can't afford to rent privately (most estate agents require at least one party renting to have a permanent job and unfortunately neither of us do at the moment). So we went to the local council and asked specifically if we were able to apply for council housing (since I have no recourse to public funds I thought we couldn't). Anyway, we were told we could apply and would have to do so in both our names since we're married.

So, a year goes by and yesterday we get a letter from the council stating they're about to just the priority of our application but we have to prove some things. Some of them are quiet obvious, like for the ILR we have to show monthly bills/bank statements to prove I live here and have done for the past year etc. But they also want me to prove that I have my ILR and recourse to public funds?! How can they expect me to prove that when 1) I can't apply for my ILR until what, late July 2007? and 2) they told me a year ago I didn't need my ILR to get on the waiting list !?!

We're totally confused, we're calling the council today but just wondering if anyone on here had some similar experience?

There's some info here: http://england.shelter.org.uk/advice/advice-3172.cfm#wipLive-9983-1

They don't spell it out in terms of the actual visa but since it says you have to have "unconditional" leave to remain in the UK I'd take that to mean you must have ILR.  I would think your husband could apply in his own right though.

There's some info here: http://england.shelter.org.uk/advice/advice-3172.cfm#wipLive-9983-1

They don't spell it out in terms of the actual visa but since it says you have to have "unconditional" leave to remain in the UK I'd take that to mean you must have ILR.  I would think your husband could apply in his own right though.

We thought Pete would be better off applying in his own right too as me as the joint occupant but when we asked them last year they said we should both apply. I'm pissed off about it but I'll read the link and see what the council says later.

Some councils have tightened up their rules about housing, particularly if you don't have full-time jobs to show you can pay the rent without housing benefit. 

Some councils have tightened up their rules about housing, particularly if you don't have full-time jobs to show you can pay the rent without housing benefit. 

Well we're both on temp contracts that may or not be changed to permenant, I just don't understand why they wasted our time a year ago by saying we could apply.

Well we're both on temp contracts that may or not be changed to permenant, I just don't understand why they wasted our time a year ago by saying we could apply.

That's awful, sorry to hear it.  I'm afraid the first person advised you wrongly.  I would have thought that was pretty basic bit of knowledge for a local authority housing person to know:  who can apply and who can't.  What a disgrace -- such casual disregard for consequences.  If you got the bad advice in writing, you should complain.     

As you correctly thought right at the beginning, local authority housing is definitely a public fund:

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721085371

That's awful, sorry to hear it.  I'm afraid the first person advised you wrongly.  I would have thought that was pretty basic bit of knowledge for a local authority housing person to know:  who can apply and who can't.  What a disgrace -- such casual disregard for consequences.  If you got the bad advice in writing, you should complain.     

As you correctly thought right at the beginning, local authority housing is definitely a public fund:

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721085371

True, but in the case of tax credits, if one person is exempt from immigration contorls, then they will accept a joint application; it's just that the person with no recourse to public funds cannot apply for tax credits on their own.  Does qualifying for council housing not work in the same way?

True, but in the case of tax credits, if one person is exempt from immigration contorls, then they will accept a joint application; it's just that the person with no recourse to public funds cannot apply for tax credits on their own.  Does qualifying for council housing not work in the same way?

That's how I understood it, I can't seem to get a clear answer as to if that's the case or not.

We just talked to the council and the application will be in my husband's name with me as his partner but obviously I will not be on the tenancy if we are offered anything before I get my ILR,which is unlikely anyway.

We just talked to the council and the application will be in my husband's name with me as his partner but obviously I will not be on the tenancy if we are offered anything before I get my ILR,which is unlikely anyway.

That means you are still able to remain on the waiting list though, right?

From what we can understand yes, providing we send them proof that we've lived together here for the past year.

This isn't my area, but I know the settled partner can in theory apply for public funds, because they do not personally have a public funds restriction, and their partner can be included. 

But I was thinking, might such an application come back to haunt them, for example during an ILR application?  Could it be interpreted as a contradiction of their declaration that they can maintain and accommodate the non-settled partner?

This is a complicated one.

Your husband is entitled to public funds, you are not.  If the council would house him if he were a single man, then there is no problem with them housing him and (with their permission) you living there.  However, if the only reason you get housed is because there are two of you, then this will be deemed as you accessing public funds, and will be in breach of the terms of your visa, and may affect the ILR application.

Also, even if you are both housed, your name has to be on the tenancy, or you will need a letter from the council giving you permission to live there, otherwise there will be no indication on the ILR application that you can be legally and suitably housed.

I'm with sah - this a a Catch 22 that could come to bite you in the ars* come ILR.

Vicky