Question about Spouse Visa and Council Houses

Hi everyone, hoping someone has some insights for us as my husband and I are trying to figure out what route is best for us. I've searched through the forums but I can't find anything from post-2012 immigration rules that addresses someone living in a Council house but not receiving housing benefit.

We are currently living together in the US and are in the process of getting his US citizenship, but looking to move to the UK as soon as possible once that is complete. I know the basics for going the UK spouse visa route in terms of needing to meet the financial requirement (which we will likely have to do through separation and proving income after 6 months of him working in the UK), and I've done quite a bit of reading on this site, other forums, and the official immigration publications from the UK government. His parents live in a council house on housing benefit, and we desperately want to buy their house one day as it is also his childhood home. I know that there is a scheme in place where we could buy a council house with £75,000 discount once we've officially lived there for 2 years, and that is what we'd like to do.

So, if my husband goes over and moves into his parents' house, but is paying full rent (so no one in the house is getting housing benefit), will this affect my application since it is a council house? What about if he is still eligible to receive some housing benefit? I know that I can't claim anything, or that he can't claim extra on my behalf, but is he (or our children, who are British citizens) potentially entitled without jeopardizing my application?

If by some miracle he is offered a job before he moves over, my understanding is that we could go together rather than being separated so long as we have a letter from the future employer showing the date he will start and his salary, etc. If this happened would we need to move somewhere other than his parents' (at least initially) to make sure we don't jeopardize my application?

Sorry about all the questions and my lack of knowledge about all this, I'm struggling to find guidelines specifically for the situation in which I'd apply while he is in a Council house but not receiving any monetary benefit. Any guidance is much appreciated!

A council house doesn’t affect much.  You’ll need permission from the council for you, your husband, and children to move in.  His PARENTS benefits will be affected based on the total household income.

Has your husband earned £18,600 in the last 12 months in the USA?  That’s the first part in determining when you can apply.

Do you have savings of £62,500?  This can be equity in a home you are selling or a 401k as well.

What about if he is still eligible to receive some housing benefit?

His parents are claiming Housing Benefit to pay the rent, so your husband can't claim for that too for the same let. You and your husband will be his parents "non-dependants" on their Housing Benefit claim. What his parents may get deducted from their Housing Benefit amount is based on a few things, one of which can be the band the salary is in for you and for your husband. These salary bands for deductions for non-dependants for those claiming Housing Benefit, is set by the government. His parents will be aware of this as they are required to inform the relevant benefit agency of any changes.


If his parents' are getting a Council Tax reduction, you both being there might affect that.  It's impossible to say because Council Tax is a local tax and is nothing to do with what the government provides but is a bill for the local services provided in that area by the local council.

All of the hundreds of Local Councils in the UK each decide what they will spend on services provided by their council and the council running costs and then they bill each household for their share of that budget. Each local council sets how much each household bill will be, who will be allowed to have a reduction in their Council Tax bill and what the percentage those that can have a reduction, will have to pay.

As Council Tax is a priority debt (you can go to prison of you don't pay) local councils will also collect the money for other services with their bill; the household share for the cost of the local police and their share of the County Council budget. In Scotland, the local councils also collect the household's bill for water and sewers in their Council Tax bill and then they give that money to the company that provides that service.

If his parents' receive a reduction in their Council Tax Bill, they will need to check with their local council to see if that will be affected by you both living there.

His parents live in a council house on housing benefit, and we desperately want to buy their house one day as it is also his childhood home. I know that there is a scheme in place where we could buy a council house with £75,000 discount once we've officially lived there for 2 years, and that is what we'd like to do.

I don't know what the arrangements are in your husband's parents' area for who can buy social housing, but your in-laws should take legal advice before they allow this.

This is their home which has a low rent and they cannot lose as long as they are not anti-social and the rent is paid. All their repairs, new boilers, new roof etc is paid for by the local council. It's the cheapest living they will get. It's not in their interest to change this arrangement.

There have been some very sad cases where people have had their bought council house repossessed by the mortage company because they (or their children who wanted to buy their council house as a cheap property with the discount) cannot afford to pay the mortgage anymore through losing their job; the mortgage rate rises, adult child divorces.

It's very difficult to get social housing anyway but not paying the rent or mortgage is seen as making yourself intentionaly homeless, which means the local council does not have to house them.

Thank you so much @Sirius and @KFdancer! That's tons of good info, the whole Council house process and rules baffle me.

We will have to talk to his parents in more detail to make sure that we don't cause any serious issues as the last thing we'd want is for them to lose the house. Our long-term goal is to buy their house, build an extension so they have a nice bedroom and full bathroom downstairs, and live all together so that we can help look after them in the future as they are both getting older and have worsening medical issues.

We do not have savings above £62,500 to meet the financial requirement, even taking into consideration 401k's and no house to sell as we have been renting in the US. Do you know if the US-based £18,600 over the last 12 months is pre- or post-tax? My husband's job here is relatively low-paid--he took it just for the great health insurance /maternity coverage while we are still in the process of adding to our family. I make a much higher hourly rate than he does as a self-employed person, so my earnings are a big part of our finances here. However, he is a 10% owner of my company meaning that officially some of the money I make is technically "his". (In reality we are both on all our bank accounts/bills/leases/etc. so it all goes to the same place anyways) Can he count his schedule K earnings as part-owner of a business towards that requirement? The business will have been registered for just over 3 years when we are ready to apply next year. My employment is done from home, so I will be able to continue earning even after we get to the UK, but my understanding is that any earnings that are mine on paper can't count towards our requirement.

Once again, sorry for my lack in knowledge about all this...they don't make those official government publications very easy to interpret do they??  Thank you so much to everyone who is taking the time to answer! You guys are real heroes!

As a note, I do realize that things could change by the time we apply because of the uncertainty surrounding Brexit and what it will mean for immigration in the UK. We are just trying to get a plan in place so we can try to adjust anything in plenty of time so as not to delay our timing--as I'm sure many of you know firsthand, it's stressful enough preparing ourselves, two babies, and a dog for a big move, and to add all the rules and paperwork just makes my neurotic self freak out that we are going to miss something and that I might get turned away!

Stick around here and ask all the questions you like.  We'll get you approved when the time is right.

The £18,600 would be GROSS income before tax.  Best to use employment income only as self employment is a HUGE can of worms.  Unfortunately for the initial visa it's ONLY the UK citizens income that will be considered.

Stick around here and ask all the questions you like.  We'll get you approved when the time is right.

Much appreciated!!

The £18,600 would be GROSS income before tax.  Best to use employment income only as self employment is a HUGE can of worms.  Unfortunately for the initial visa it's ONLY the UK citizens income that will be considered.

I thought that might be the case with self-employment, as it's a lot of trouble to deal with for US immigration purposes too. If my husband were to pick up a part time job for the next year to meet the financial requirement, does that change our options? Like does the 12-month proof of income in the US allow us to apply while he is still here so that we don't have to be separated?

Like does the 12-month proof of income in the US allow us to apply while he is still here so that we don't have to be separated?

Once he is earning over the minimum in the US, he will still need a job offer in the UK paying £18600 that starts within 3 months of the visa application. They don't make it easy!

As a note, I do realize that things could change by the time we apply because of the uncertainty surrounding Brexit and what it will mean for immigration in the UK.

Brexit won't affect you as you will be on UK immigration laws and not the EU's laws.

Once he is earning over the minimum in the US, he will still need a job offer in the UK paying £18600 that starts within 3 months of the visa application. They don't make it easy!

This.  Or once he found a job in the UK after arriving, if his past twelve months of earning met the £18,600 requirement, you wouldn’t have to wait six months to apply (which realistically will end up meaning your family is separated for nine months or so from the time he starts work). 

Once he is earning over the minimum in the US, he will still need a job offer in the UK paying £18600 that starts within 3 months of the visa application. They don't make it easy!

No they don't!! That makes sense though.

This.  Or once he found a job in the UK after arriving, if his past twelve months of earning met the £18,600 requirement, you wouldn’t have to wait six months to apply (which realistically will end up meaning your family is separated for nine months or so from the time he starts work). 

So @KFdancer, are you saying that it will be 9 months of separation even if we don't have to wait the 6 months? I thought wait times were more like 1.5-3 months for priority (though I know non-priority are a lot longer/more variable).

Brexit won't affect you as you will be on UK immigration laws and not the EU's laws.

I realize we won't be coming in through an EU route, I just mean that post-Brexit the UK will no longer be subject to European rules and so theoretically could change any laws they like without being subject to outside checks and balances. I thought I read somewhere that the Conservative party is looking to decrease immigration numbers to something crazy like 100,000 people or less per year after Brexit, so presumably they would do this by making all immigration controls stricter. Not going to lie, I am a bit worried that they will change something before we are ready to make an application and suddenly we won't qualify anymore!

Also, good news--I didn't think about the fact that I wasn't including the premium taken straight out of my husband's paycheck for health insurance, so his gross income is actually high enough for us to qualify at the moment. It's crazy how much money per year they take for the insurance, and then we still have to pay deductibles and copays  I bet you guys don't miss that!!

Let's say he moves to the UK May 1st.  Then starts a job May 15th, but isn't able to sponsor your visa yet as he hasn't earned £18,600 in the 12 months prior.

May 1st - he leaves
May 15th - he starts work
Nov 15th - six month anniversary at work
Nov 30th - Final paycheck to make six FULL months earning at new job
Dec 15th - you've had time to gather the necessary paperwork and apply for your visa with priority
End of Jan - Decision
Early Feb - Move

That's about the fastest timeline you can expect if he doesn't have work before you move.  It's 9 months.  Just something to be cognizant of.

I realize we won't be coming in through an EU route, I just mean that post-Brexit the UK will no longer be subject to European rules and so theoretically could change any laws they like without being subject to outside checks and balances. I thought I read somewhere that the Conservative party is looking to decrease immigration numbers to something crazy like 100,000 people or less per year after Brexit, so presumably they would do this by making all immigration controls stricter. Not going to lie, I am a bit worried that they will change something before we are ready to make an application and suddenly we won't qualify anymore!

There aren't any outside checks and balances now. The EU has no say on how the UK. manages immigration from other countries, it never has. That's one of the misunderstandings that led a lot of people to vote for Brexit. That 100,000 figure has been around since Cameron first took office, it's the reason why the current system is so difficult to manoeuvre, and it's the reason for the 18,600 income requirement. The UK may well make immigration even more difficult in the next year, but that won't be because of Brexit, it'll be because of the general anti-immigration sentiment in this country and because the current government are a bunch of heartless %£&*@^^.

I realize we won't be coming in through an EU route, I just mean that post-Brexit the UK will no longer be subject to European rules and so theoretically could change any laws they like without being subject to outside checks and balances.

The EU is very "liberal" with letting anyone live in another EEA country even if the rules of that EEA country says they cannot, or that EEA country would prefer to check these people before they are let in their country.

Your spouse visa will be under the UK's Immigraion Act 1971 and that is nothing to do with the EU and will not change because of Brexit. In fact that Act came in to end a type of "free movement" to the UK before and it's the same law the UK still uses today for immigration. The EEA countires immigration laws and the EU's rules for their "free movement" are nothing to do with each other and never have been. e.g. The Swiss voted to end the EU's "free movement" to their country, but that won't stop immigration there under their own immigration laws as they control and can amend these laws.

By the time the UK leaves the EU, most will have been granted British citizenship. For those who won't be granted that because they are a criminal/they have been unlawfully living in the UK/they were not on an European Court of Justice Ruling that allowed settlement/they have entered since the UK voted to leave the UK in the hope they would be offered something, these are affected by Brexit.

and because the current government are a bunch of heartless %£&*@^^.

The "returning the NHS to the national health service it should be and not the world health service it has now become",   "immigration and welfare are two sides of the same coin",   "don't come to the UK for what you can take but for what you can give" started about a decade ago. There have been 4 different UK governments' since this was going to get stopped but because these laws take years to go though, it might seem that it is just this government that have ended all this if people haven't kept up to date with their plans. Don't forget that both the main political parties have to agree for these new laws to be made.

Years ago, even Germany looked to see if they could stop people using Free Movement to get to a country where they are given more. To try to end that abuse, Germany looked to see if these could only be given what they would get in their own country, but found that needed a change of EU law. They couldn't change that, so the EEA countries that have this problem started changing what they will give, to then make other EEA countries more attractive to these type of people.

Abuse will always get things shut down.