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Topic: Question about Spouse Visa and Council Houses  (Read 11323 times)

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Re: Question about Spouse Visa and Council Houses
« Reply #15 on: April 23, 2018, 11:35:36 AM »
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?

Todays posts have just reminded me, I should have said that the UK have brought in new laws and now your husband will have a wait until he can claim any income based benefits and that includes any benefits to keep your children. By bringing in this, it ended EEA citizens and all their family members from claiming full UK benefits as soon as they arrived in the UK. Perhaps look to see if the US will transport any benefits for a while?

He could have claimed extra benefits for you before, even under UK immigration rules, but this has ended under the new Welfare Reform laws too.

Some free childcare has now been brought in if both parents work. I don't think that has a waiting time for you and your husband to have that for your children, but you would need to check that as I'm not sure.

Housing Benefit that you asked about, is one of the six income based benefits that are being replaced under the new Welfare Reform laws by a one welfare payment called Universal Credit. UC has different rules for claimants to the benefits it is replacing. All new income based welfare claims and those going back on to these, are already being put on Universal Credit. The rest claiming are being moved on to this new system as it rolls out across the country, with some exisiting claimants already moved as they did something that triggered a move to UC.

The UK has now brought in an 'up to 2 child limit' for income based welfare claimants and that also affects the old benefit called Housing Benefit. There is no limit to the number of children for free childcare.



« Last Edit: April 23, 2018, 04:41:12 PM by Sirius »


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Re: Question about Spouse Visa and Council Houses
« Reply #16 on: April 23, 2018, 04:14:15 PM »
@KFdancer gotcha, sorry, I thought you were saying that the time between application and being able to move was 9 months and I panicked! Glad I figured out that his income does actually meet the requirement since I forgot to include what gets taken out for health insurance.

Abuse will always get things shut down.
This is one of our favorite things to b*tch about! It's so frustrating that some people circumvent or cheat the systems in place so that those systems continually get more difficult for people like us who are legitimate and trying to do things the right way.

Perhaps look to see if the US will transport any benefits for a while?
Unfortunately we don't qualify for benefits here as we are over the income limit since my income is taken into consideration as well. The whole reason I wondered about my husband being able to claim any benefits and whether it would affect my application was in case he was eligible/needed to claim while we were separated as we would be paying for accommodation in both countries, which obviously puts some strain on our budget.

Thanks again for all the guidance guys, as I'm sure you can tell I may have heard of a lot of this stuff before but I don't really understand how most of it works! My husband is great about so many things but paperwork and official documents tend to go right over his head and make him frustrated to no end. So we agreed early on that paperwork is my domain--much easier for me when it's being done in my home country and referring to rules that I'm at least somewhat familiar with!! So glad I found this forum, I'm sure I'll have more questions to come as the time looms closer  ;D
Met in Japan 11/2011
Married in Vegas 11/2014
First baby born in Florida 04/2017
Hubby's US Cit. complete 09/2018
Hoping to apply for UK Spouse Visa 11/2018
Second baby due 04/2019


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Re: Question about Spouse Visa and Council Houses
« Reply #17 on: April 23, 2018, 07:03:29 PM »
Sirius, us dirty immigrants do NOT get the feee childcare if both parents work!  You must be free from immigration control (plus a few other requirements).


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Re: Question about Spouse Visa and Council Houses
« Reply #18 on: April 24, 2018, 01:01:35 PM »
Sirius, us dirty immigrants do NOT get the feee childcare if both parents work!  You must be free from immigration control (plus a few other requirements).

I thought we discussed this before and if one parnter is free from immigration control (British citizen, ILR, EEA citizen, has an EEA citizen sponsor, the EU's "PR") then they can have free childcare?

If one of the partners has a taxable income over 100k, then they don't get free childcare, even if they are free from immigration control. Both parents could be British citizens, but they won't get free 30 hours childcare

It's those using UK immigration rules: a holder of a points based visa (Tier 1, Tier 2, Tier 4, Tier 5) and their dependant and those on an Ancestry visa and their dependant,  that can't have free childcare it seems as neither partner are free from immgration control until one of them gets ILR.

« Last Edit: April 24, 2018, 01:28:52 PM by Sirius »


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Re: Question about Spouse Visa and Council Houses
« Reply #19 on: April 24, 2018, 01:33:41 PM »
I thought we discussed this before and if one parnter is free from immigration control (British citizen, ILR, EEA citizen, has an EEA citizen sponsor, the EU's "PR") then they can have free childcare?

If one of the partners has a taxable income over 100k, then they don't get free childcare, even if they are free from immigration control. Both parents could be British citizens, but they won't get free 30 hours childcare

It's those using UK immigration rules: a holder of a points based visa (Tier 1, Tier 2, Tier 4, Tier 5) and their dependant and those on an Ancestry visa and their dependant,  that can't have free childcare it seems as neither partner are free from immgration control until one of them gets ILR.

Everyone gets the 15 hours.  You do NOT get the 30 hours if one parent is still subject to immigration control.  Even if all the other requirements are met (under £100k, minimum 16 hours, etc.).


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Re: Question about Spouse Visa and Council Houses
« Reply #20 on: April 24, 2018, 03:30:12 PM »
This is also great to know! Our oldest will be just the right age to start nursery/preschool soon after we get back. I've been trying to figure out from my SIL/MIL what I need to do to get him signed up as it seems to be a different process than it would be here (not that I would really know what I was doing in the US either when it comes to preschool!)
Met in Japan 11/2011
Married in Vegas 11/2014
First baby born in Florida 04/2017
Hubby's US Cit. complete 09/2018
Hoping to apply for UK Spouse Visa 11/2018
Second baby due 04/2019


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Re: Question about Spouse Visa and Council Houses
« Reply #21 on: April 24, 2018, 03:39:24 PM »
This is also great to know! Our oldest will be just the right age to start nursery/preschool soon after we get back. I've been trying to figure out from my SIL/MIL what I need to do to get him signed up as it seems to be a different process than it would be here (not that I would really know what I was doing in the US either when it comes to preschool!)

Ooo, I see you've put some details in your timeline.  Congratulations on the second!

Where in Florida are you?  I grew up in Clearwater, lived in Orlando for 8 years, and used to work in Melbourne.  So I've got the center of the state covered.  :D


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Re: Question about Spouse Visa and Council Houses
« Reply #22 on: April 25, 2018, 03:03:20 AM »
Ooo, I see you've put some details in your timeline.  Congratulations on the second!

Where in Florida are you?  I grew up in Clearwater, lived in Orlando for 8 years, and used to work in Melbourne.  So I've got the center of the state covered.  :D

Thank you!! Number 2 was a surprise, we were planning for about 6 months later...oops  ;D

We are in Bradenton, so we're not that far off from your old stomping grounds! Been here for the last 5 years, but I grew up in Indiana, and I think even if I lived in Florida the rest of my life I'd never get used to the heat. Hubs and I both prefer to be cold than hot, sometimes we look at each other and go "What in the world are we doing here??" haha! Do you miss Florida or more glad to be out of the unrelenting humidity and bugs?
Met in Japan 11/2011
Married in Vegas 11/2014
First baby born in Florida 04/2017
Hubby's US Cit. complete 09/2018
Hoping to apply for UK Spouse Visa 11/2018
Second baby due 04/2019


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Re: Question about Spouse Visa and Council Houses
« Reply #23 on: April 25, 2018, 08:59:51 AM »
Thank you!! Number 2 was a surprise, we were planning for about 6 months later...oops  ;D

We are in Bradenton, so we're not that far off from your old stomping grounds! Been here for the last 5 years, but I grew up in Indiana, and I think even if I lived in Florida the rest of my life I'd never get used to the heat. Hubs and I both prefer to be cold than hot, sometimes we look at each other and go "What in the world are we doing here??" haha! Do you miss Florida or more glad to be out of the unrelenting humidity and bugs?

When I left Florida, I moved to Colorado for a few years.  Which I LOVED. 

Now that I've been in the UK for about 8 years, I REALLY REALLY REALLY miss Florida.  We have bugs in the UK.  We just don't have screens to keep them out.  And as we have to have the windows open to get air, we just get bit.  <sigh>

I don't miss the humidity.  But I do miss the sun.  And just being able to spend more time outdoors.  I don't love hot - at all.  My ideal maximum temperature is 24C or 80F.  We are starting to seriously consider moving to the USA to get a better work/life balance and to have a more enjoyable life overall.  Where we live, everything closes at 5:30pm at the latest.  It's tough.


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Re: Question about Spouse Visa and Council Houses
« Reply #24 on: April 27, 2018, 09:28:03 AM »
You do NOT get the 30 hours if one parent is still subject to immigration control. 

The various governments over the last decade did say there were going to be changes and that all migrants would be treated the same.

It's wasn't that long ago that all parents paid their own childcare costs.

It's only since 2003 that some parents could claim 80% of childcare costs, but only if the parents are claiming the income based welfare payment called Working Tax Credits and they worked at least 20 hours a week between them.  Under those rules, this is also allowed  if one of the parents is subject to immigration control but not if both parents are. However Tax Credits are two of the six income based benefits ending under the Welfare Reform Acts and being replaced by a new "one income based benefit" which has different rules for claimants.

If there aren't any children, claiming extra money via the Working Tax Credit benefit if one claimant was subject to immigration conrtol (but not if both were) was stopped several years ago.

Other reports that have brought in changes because of abuse are things like,
-which familes were going to be affected by the household income based welfare cap in 2010 (able bodied parents who could work but didn't);
-the nearly 6 billion being claimed from the UK's welfare state in 2013 in just the one income based welfare payment called Tax Credits, by those who are a foreign national/were a foreign national when they applied for a NINo;
-the EU report saying that the most number of single mothers lived in the UK etc.

As allowed under EU law, there were instant changes to stop this abuse from those entering the UK using EU laws Then these changes were applied retrospevtively to those already in the UK, as also allowed under EU law.

Abuse and too many doing it, brings in changes.



« Last Edit: April 27, 2018, 12:29:40 PM by Sirius »


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Re: Question about Spouse Visa and Council Houses
« Reply #25 on: April 27, 2018, 12:43:26 PM »
-the EU report saying that the most number of single mothers lived in the UK etc.

Baffling.
I just hope that more people will ignore the fatalism of the argument that we are beyond repair. We are not beyond repair. We are never beyond repair. - AOC


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Re: Question about Spouse Visa and Council Houses
« Reply #26 on: April 27, 2018, 01:17:05 PM »
It's wasn't that long ago that all parents paid their own childcare costs.

Totally get this and have NO problem with it.  (Lord knows we pay through the nose but are very grateful for my daughter's 15 hours.  It makes a huge difference).

I'll be interested to see how the changes to Universal Benefits (or whatever it's called) trickles down.  I'm on some "mommy boards" and the way people work the system truly amazed me.  And it's a reflection of the UK and how kind it is.  The idea that you'll take home less money if you work and pay childcare than you just live off of benefits is insane to me.  I would prefer if benefits were there as a safety net, not as a "better" source of income.  I'm sure this is what is supposed to happen, but people do take advantage.


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Re: Question about Spouse Visa and Council Houses
« Reply #27 on: April 27, 2018, 02:10:39 PM »
Oh horsefeathers KF.

In this country we allow companies - companies who benefit from society's education system, roads, security, infrastructure, healthcare, etc, etc, etc - to pay wages so low that many, many working families cannot afford high care costs.

The taxpayer is not supporting "welfare queens", but companies who dodge their tax burden and ship their profits off to some Panamanian laundering scheme.


I just hope that more people will ignore the fatalism of the argument that we are beyond repair. We are not beyond repair. We are never beyond repair. - AOC


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Re: Question about Spouse Visa and Council Houses
« Reply #28 on: April 27, 2018, 02:18:56 PM »
Oh horsefeathers KF.

In this country we allow companies - companies who benefit from society's education system, roads, security, infrastructure, healthcare, etc, etc, etc - to pay wages so low that many, many working families cannot afford high care costs.

The taxpayer is not supporting "welfare queens", but companies who dodge their tax burden and ship their profits off to some Panamanian laundering scheme.

For once, Sonofasailor and I are in perfect agreement. I'm so tired of people bashing the poor for being poor, and for trying to make the best of a situation that not a single one of us would want to be in, while shrugging at obscenely rich people who game the system with far more malice and with far more benefit to themselves. People need to start paying decent wages in this country. If that cuts into their profits, then so TF what?
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: Question about Spouse Visa and Council Houses
« Reply #29 on: April 27, 2018, 02:26:18 PM »
If that cuts into their profits, then so TF what?

And we already have the lowest corporation tax rates of any G7 country and second lowest in the EU.

https://www.ft.com/content/7579f124-5742-11e7-9fed-c19e2700005f

I just hope that more people will ignore the fatalism of the argument that we are beyond repair. We are not beyond repair. We are never beyond repair. - AOC


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