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Topic: Marriage allowance  (Read 1085 times)

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Marriage allowance
« on: June 19, 2017, 05:45:59 PM »
Hello Everyone,

I have a quick question regarding marriage allowance. My husband and I were advised to apply for marriage allowance by a friend as my husband is earning less than £45,000 and I am currently unemployed. We therefore meet the requirements to receive the allowance, however are not sure if this would impact my visa in any way as my BRP states “no public funds.”

Look forward to your reply!  Thanks!

P.S. I have attached the link if you need further information on marriage allowance:

https://www.gov.uk/marriage-allowance/how-it-works



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Re: Marriage allowance
« Reply #1 on: June 19, 2017, 07:17:17 PM »
Hello Everyone,

I have a quick question regarding marriage allowance. My husband and I were advised to apply for marriage allowance by a friend as my husband is earning less than £45,000 and I am currently unemployed. We therefore meet the requirements to receive the allowance, however are not sure if this would impact my visa in any way as my BRP states “no public funds.”

Look forward to your reply!  Thanks!

P.S. I have attached the link if you need further information on marriage allowance:

https://www.gov.uk/marriage-allowance/how-it-works



Sent from my LG-H850 using Tapatalk

I don't think it is. All you are doing is transferring some of your personal allowance from one of you to the other. You are not receiving money from the state.

This is the list of public funds.

Quote
Public funds include a range of benefits that are given to people on a low income, as well as housing support. These are:

    income-based jobseeker’s allowance
    income support
    child tax credit
    universal credit
    working tax credit
    a social fund payment
    child benefit
    housing benefit
    council tax benefit
    council tax reduction
    domestic rate relief (Northern Ireland)
    state pension credit
    attendance allowance
    severe disablement allowance
    personal independence payment
    carer’s allowance
    disability living allowance
    an allocation of local authority housing
    local authority homelessness assistance
 

https://www.gov.uk/government/publications/public-funds--2/public-funds
 
That links to the public funds guidance document which tells us..

Quote
This is not an exhaustive list. If you are in any doubt you must check the definition of public funds in Paragraph 6 of the Immigration Rules, see related link. Where the benefit is not included in Paragraph 6, it must not be considered as being a public fund for immigration purposes.   


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518624/Public_funds_v13.0.pdf

Which brings us to paragraph 6 where marriage allowance is not mentioned.

 
Quote

    “public funds” means
        (a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988;
        (b) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers Act 1995, income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002;
        (c) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;, income support, council tax benefit and, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 or income related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;
        (d) Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act;
        (e) Universal Credit, Personal Independence Payment or any domestic rate relief under the Welfare Reform (Northern Ireland) Order 2015;
        (f) a council tax reduction under a council tax reduction scheme made under section 13A of the Local Government Finance Act 1992 in relation to England or Wales or a council tax reduction pursuant to the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012;
        (g) a payment made from a welfare fund under the Welfare Funds (Scotland) Act 2015;
        (h) a discretionary support payment made in accordance with any regulations made under article 135 of the Welfare Reform (Northern Ireland) Order 2015;
        (i) a discretionary payment made by a local authority under section 1 of the Localism Act 2011.
 

https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction#intro6

So I deduce that no, it's not public funds!  :)
« Last Edit: June 19, 2017, 07:19:07 PM by larrabee »
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.


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Re: Marriage allowance
« Reply #2 on: June 19, 2017, 09:00:38 PM »
My husband gives me 10% of his allowance and and I was ok with my application

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