Housing associations

Does applying for a house through the council [not asking for housing benefit etc] count as public funds?


The reason I ask is because we currently rent from one, that my husband had set up prior to me moving. Long story short, his last house got sold and he had little warning, so he went to council and told him he'd be homeless and they put him on the list.

In January my step daughters mum passed away so we needed bigger accommodation. And somewhere near her school.

We initially we only were looking private rent but her school told us ask our current place for an overcrowded letter and apply again, and they would get us high on the list.

Now thinking about it I'm terrified this counts as public funds. I couldn't find anywhere that specified this, but I'm sure I'm overlooking.

I did recently add my name to our lease here as well. To clarify we receive no benefit to pay rent or council tax etc just rent a lower priced flat.

Could anybody shed some light on this? And if I did wrong how to I fix it quick to not mess up my visa.

This is the list of public funds:

https://www.gov.uk/government/publications/public-funds--2/public-funds

Do you have a letter from the council stating exactly what it is you are receiving?

Does applying for a house through the council [not asking for housing benefit etc] count as public funds?

Yes. If the council arrange for you to have a housing association house, then that is public funds. However, your UK husband and his daughter can have a two bedroom HA flat/house and you can live there.

Usually the councils help the homeless who can have public funds, find another private landlord as social housing is in very short supply. If his daughter's school can help move your husband up the list, then that is a good start.

There were plans before for those who have social housing, to pay the market rent based on their income of a set amount (inner and outer London). This was because of a trade union leader on a six figure salary, had a council flat in London and refused to move (back in the days when social housing was for life) It didn't go through but might only be shelved and is something to be aware of.

However social housing does give security of tenancy as long as you pay the rent, unlike with private landlords and those home owners who can't pay their mortgage.

You can have a look to see what UKVI look for to see who has breached their visa conditions, in  this Public Funds Home Office guidelines for staff dated 22 April 2016. It's based on the Immigration rules. I'm guessing this is the latest guideline, but you can look to see if this one is the latest.

For public funds issued by local authorities (councils), have a look at page 41.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518624/Public_funds_v13.0.pdf

We initially we only were looking private rent but her school told us ask our current place for an overcrowded letter and apply again, and they would get us high on the list.

Now thinking about it I'm terrified this counts as public funds. I couldn't find anywhere that specified this, but I'm sure I'm overlooking.

On page 13 of that public funds document in my post above, I found this, which seems to confirm what I have read before. A sole tenancy for your UK husband in the HA property the council find for him and his daughter, then you can live there and are not taking public funds (breach of your visa).

"This page tells you about local authority housing received by the settled spouse or partner of a person subject to immigration control. 

A joint tenancy cannot be granted to 2 or more people if any of them is a person subject to immigration control who is ineligible for local authority housing. This applies both to local authority housing and to housing which is provided by a housing association as the result of a referral from a local authority. A sole tenancy may be granted to someone who is eligible (for example a British person or person settled in the UK) but whose spouse/partner is not eligible. The ineligible spouse or partner is not counted as accessing public funds as a result of this"

This is the list of public funds:

https://www.gov.uk/government/publications/public-funds--2/public-funds

Do you have a letter from the council stating exactly what it is you are receiving?

Hi

I have our original tenancy but as it was set up through my husband two years ago I don't know if we have the original paperwork

Yes. If the council arrange for you to have a housing association house, then that is public funds. However, your UK husband and his daughter can have a two bedroom HA flat/house and you can live there.

Usually the councils help the homeless who can have public funds, find another private landlord as social housing is in very short supply. If his daughter's school can help move your husband up the list, then that is a good start.

There were plans before for those who have social housing, to pay the market rent based on their income of a set amount (inner and outer London). This was because of a trade union leader on a six figure salary, had a council flat in London and refused to move (back in the days when social housing was for life) It didn't go through but might only be shelved and is something to be aware of.

However social housing does give security of tenancy as long as you pay the rent, unlike with private landlords and those home owners who can't pay their mortgage.

So, me innocently adding myself to this tenancy is was a mistake?

We haven't been approved for this round of application and I did tell them on my application and provided my visa documentation with the application.

Since we haven't been approved can I revoke our application with out consequence on my visa? I'm mildly freaking out that they are going to come deport me or something. I literally didn't even think twice as our current housing association put me on tenancy etc. I  know I should have checked .

This is what we applied for [have not had a response yet]

I submitted my flr acceptance letter, passport and brp card so I didn't hide my immigration status.

The only thing I think we did wrong is put my name in as an applicant where it should have been other people to live with you.

Here's a copy of our transfer request from our housing association ( I didn't get on tenancy until Feb so I'm going to call Monday and ask to be removed hoping no damage is done)

Sirius is our expert on benefits so I'll leave her to guide you.

But yes, sounds like you'll want to pull your name off of the agreement and just be listed as an occupant.  They won't deport you -I promise.

Promise me you will lose no sleep over this!!!

Sirius is our expert on benefits so I'll leave her to guide you.

But yes, sounds like you'll want to pull your name off of the agreement and just be listed as an occupant.  They won't deport you -I promise.

Promise me you will lose no sleep over this!!!

I agree, don't lose any sleep over this. I'm defiantely not an expert on benefits as all I do is look on the UK governmnent site, especially if I have read something on it before.

It seems quite clear from that link I gave to the 2016 Home Office guideline (I hope that is the lastest one) that you can live there but you can't have your name on the tenancy if the council referred your husband to the HA.

I literally didn't even think twice as our current housing association put me on tenancy etc. I  know I should have checked .

Was your husband provided with your present property "as the result of a referral from a local authority"? I don't know anything about social housing, but that reads like it might be possible to approach a HA without a referral from a council?

If he was and if you provided all the proof to the council that you are not allowed public funds as you are subject to immigration control, and the mistake was theirs as they still put your name on the tenancy, then this will not be a breach of your visa. I assume that means that you can't keep your name of the HA tenancy as it is still public funds, just as someone who has received benefits they should not have taken, can keep that money?

Mistakes happen. I've seen posts before from people who have taken public funds in error. They usually correct the error, repay the money, said they admitted this in their next application and provided proof, and it didn't stop them getting their next visa. I think there is someone on here who did that?

Was your husband provided with your present property "as the result of a referral from a local authority"? I don't know anything about social housing, but that reads like it might be possible to approach a HA without a referral from a council?

If he was and if you provided all the proof to the council that you are not allowed public funds as you are subject to immigration control, and the mistake was theirs as they still put your name on the tenancy, then this will not be a breach of your visa. I assume that means that you can't keep your name of the HA tenancy as it is still public funds, just as someone who has received benefits they should not have taken, can keep that money?

Mistakes happen. I've seen posts before from people who have taken public funds in error. They usually correct the error, repay the money, said they admitted this in their next application and provided proof, and it didn't stop them getting their next visa. I think there is someone on here who did that?

Thanks guys.

Yes this current property was due to my husbands last rental (agreement between a friend so no paperwork being sold and him having about three weeks notice to get out... what a good friend) He knew he couldn't find a new place before that so because of his daughter the council granted him this place. He doesn't receive any housing benefit just pays the association rent.  I asked to be put on the tenancy this Feb thinking it would be easier for my next visa. The HA agreed and sent us new paperwork. I did give them my passport and BRP card when they added me, which is why I assumed it was ok.


We didn't even think about reapplying for new housing until daughters school mentioned it. Honestly, I know this is cheeky but this place was our way of saving like crazy for a property.

Since things have changed we need to move for a bigger place plus be in school's catchment zone because they told us they couldn't keep letting her go to school if we aren't in the zone. Which was the one constant we had wanted to keep for her. And guess what, the area is apparently the most sought after rental area in town. So we've seen about three houses since January and we enquiry once a week from all the estate agents here. That's when school suggested we ask for a transfer and apply again.

I'm thinking I'll just call or go into the council Monday and ask them if they can change our application without withdrawing it. It's a long shot of approval anyways.

I don't know how I would repay the couple months error. All we do is pay discounted rent. We pay roughly 400 when it should be probably 600 if it were private rent.

Sirius is our expert on benefits so I'll leave her to guide you.

But yes, sounds like you'll want to pull your name off of the agreement and just be listed as an occupant.  They won't deport you -I promise.

Promise me you will lose no sleep over this!!!

Thank you! I've been so worried sick all night. I've literally was crying thinking they'll make me leave and my poor step daughter will have to face another change.

It was so stupid of me not to check, we've just been so preoccupied with all the other changes going on, and wanting to get settled I just thought well we're not receiving money it's not a benefit. 

Thank you for easing my mind.