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Topic: Council house  (Read 1178 times)

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Council house
« on: February 20, 2019, 01:43:01 PM »
Am I able to live in council housing with my husband if he qualifies for it? Or will it cause problems with applying for my spousal visa renewal? Am I even allowed to live in council house on my spousal visa? Helllllpppp


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Re: Council house
« Reply #1 on: February 20, 2019, 02:10:12 PM »
Am I able to live in council housing with my husband if he qualifies for it? Or will it cause problems with applying for my spousal visa renewal? Am I even allowed to live in council house on my spousal visa? Helllllpppp


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If the council will write a letter giving you permission to live there. That can sometimes be a large obstacle with some councils very reluctant to do so. Others find it no problem. Essentially, he cannot get a larger house because you are here and also the council is treated like a normal landlord is for visa purposes.
2004-2008: Student Visa
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16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Council house
« Reply #2 on: April 27, 2019, 03:45:47 PM »
Be aware that it's a massive issue for people from here that foreigners come to the UK and claim benefit  straight away. So you are falling into their stereotype if you do this.

I've been here a long time, too long, and I agree that nobody should be able to claim benefit here until they've been in the UK at least five years and have become a UK citizen.  They should also be made to prove that any money they make in the UK through work, etc, is not all being sent abroad.


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Re: Council house
« Reply #3 on: April 27, 2019, 04:11:48 PM »
Be aware that it's a massive issue for people from here that foreigners come to the UK and claim benefit  straight away. So you are falling into their stereotype if you do this.

No they aren’t.

As long as the U.K. citizen does not claim extra or bigger housing for the visa holder, they are doing nothing wrong, and it’s perfectly legal.

And really, who cares what the ‘stereotype’ is?

If you’re doing something that’s above board and completely legal, it doesn’t matter what anyone else thinks about it.

And for the record, I’m ‘from here’.

I’m English born and bred and I have no problem with foreigners at all. I don’t want to leave the EU, and I welcome EU  and non-EU citizens to the UK. So please stop stereotyping myself and the other Brits on the forum.


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Re: Council house
« Reply #4 on: April 27, 2019, 04:25:04 PM »
I think it's becoming more and more obvious that Danicali is a troll. 

Notice the "I'm a liberal just like you, yet I believe all this right wing crap "

Needs improvement Ivan.


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Re: Council house
« Reply #5 on: April 27, 2019, 04:39:53 PM »
No they aren’t.

As long as the U.K. citizen does not claim extra or bigger housing for the visa holder, they are doing nothing wrong, and it’s perfectly legal.

And really, who cares what the ‘stereotype’ is?

If you’re doing something that’s above board and completely legal, it doesn’t matter what anyone else thinks about it.

And for the record, I’m ‘from here’.

I’m English born and bred and I have no problem with foreigners at all. I don’t want to leave the EU, and I welcome EU  and non-EU citizens to the UK. So please stop stereotyping myself and the other Brits on the forum.


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I totally agree, and I'm also 'from here'.
Dual USC/UKC living in the UK since May 2016


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Re: Council house
« Reply #6 on: April 27, 2019, 05:23:53 PM »
No they aren’t.

As long as the U.K. citizen does not claim extra or bigger housing for the visa holder, they are doing nothing wrong, and it’s perfectly legal.

And really, who cares what the ‘stereotype’ is?

If you’re doing something that’s above board and completely legal, it doesn’t matter what anyone else thinks about it.

And for the record, I’m ‘from here’.

I’m English born and bred and I have no problem with foreigners at all. I don’t want to leave the EU, and I welcome EU  and non-EU citizens to the UK. So please stop stereotyping myself and the other Brits on the forum.


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Preach!!!!!


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Re: Council house
« Reply #7 on: April 27, 2019, 06:25:08 PM »
Be aware that it's a massive issue for people from here that foreigners come to the UK and claim benefit  straight away. So you are falling into their stereotype if you do this.

I've been here a long time, too long, and I agree that nobody should be able to claim benefit here until they've been in the UK at least five years and have become a UK citizen.  They should also be made to prove that any money they make in the UK through work, etc, is not all being sent abroad.

The thing is, here on this forum we are all either immigrants, in a relationship with an immigrant or both! There are probably other places on the internet where you will find people who share your opinion, but this isn't it!
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: Council house
« Reply #8 on: April 29, 2019, 05:35:21 PM »
Be aware that it's a massive issue for people from here that foreigners come to the UK and claim benefit  straight away. So you are falling into their stereotype if you do this.

 Nobody can come to the UK and claim benefits straight away anymore as that was stopped years ago. Foreign nationals and British citizens can only claim benefits straight away when they arrive if they have worked in the UK for the previous two relevant tax years and paid enough NICs in that time, which only gets them the £71 a week Contribution Based Jobseeker's Allowance straight away. Otherwise they wait between 3 months and 2 years to be able to claim benefits and have a wait after they apply.

Social housing (Council Housing and Housing Associations) are not funded by the welfare state, they are self funding through the rents that are paid.To get social housing , these go by order that council agrees has needs that are the greatest and many people can be on these waiting lists for years.

But the Council have no duty to house any family if they have made themselves intentionally homeless e.g. gave up a property and then applied to that council for social housing instead, haven't paid the mortgage and the lender took the property back,  haven't paid the rent on a previous rental and the Court ordered tham to leave under a Section 8 Notice given by the landlord (that doesn't apply if the landlord used a Section 21 in the court for rent arrears),  got thrown out of previous property because they were anti-social, convicted drug dealers. Nor is a council required to house some others e.g. have no right to reside in the UK etc.

Am I able to live in council housing with my husband if he qualifies for it? Or will it cause problems with applying for my spousal visa renewal? Am I even allowed to live in council house on my spousal visa? Helllllpppp

Your  husband can apply to the council for housing to go on their waiting list, but you cannot be used as part of his claim. e.g. if there are no children in the household then your husband must be treated as a single person on the Council House waiting list and you cannot be included as that would be a breach of your visa of No Recourse to Public Funds. You cannot put your name on a council property tenancy until you have ILR as that would be a breach of your visa for No Recourse to Public Funds. But you can live in a council property your husband might get in his name only, as long as the council agree to you being allowed to live there.

If the council refer your husband to a Housing Association, it is the same thing, can't include you in his application, your name cannot go on the tenancy but you must have the HA permission to live there. But if you don't go through the council for a referral to the HA and contact the HA directly, then you can have your name on the tenancy as that is not Public Funds.
« Last Edit: April 29, 2019, 07:14:56 PM by Sirius »


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Re: Council house
« Reply #9 on: May 13, 2019, 04:55:04 PM »
My husband had been on the council list for 7 years and he finally got a place but when we went to sign the agreement for it they put me on the tenancy without asking any questions. Just took photocopies of my passport and BRP. I did ask about getting a letter saying I could live there when I have to renew my visa and they said that was fine they could do that. So is that fine that I’m on the tenancy agreement? We have a son so we qualified for a two bedroom.
The council rents it to us through a housing company and they are who we deal with not with the council directly.


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Re: Council house
« Reply #10 on: May 16, 2019, 07:44:15 PM »
We came back from living in Ireland,  all above board and legit and had a house within 4 months,  through council/ housing association.  I had a family permit giving me the same rights as British citizen.  Plus my husband had a full time job within a month of returning from Ireland.  I work now as well.  We are not dregs of society,  we pay a full rent for where we are with no council tax help. 
I am a North Carolina girl born and raised, yes I love sweet iced tea, Texas Pete and biscuits and gravy....but England is where my soul feels at peace and I can't wait to get there.


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Re: Council house
« Reply #11 on: May 18, 2019, 01:23:35 PM »
I had a family permit giving me the same rights as British citizen. 

An EU  Family Permit or EU RC, does not give you the same rights as a British citizen.

As a non-EEA citizen Family Member, you have less rights than a EEA citizen on the EU's FP or RC.
« Last Edit: May 18, 2019, 01:27:32 PM by Sirius »


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Re: Council house
« Reply #12 on: May 18, 2019, 01:40:37 PM »
My husband had been on the council list for 7 years and he finally got a place but when we went to sign the agreement for it they put me on the tenancy without asking any questions.
...
So is that fine that I’m on the tenancy agreement?
...
The council rents it to us through a housing company and they are who we deal with not with the council directly.
 

It sounds like the  council (local authority) put your husband in contact with the Housing Association as he applied to the council for housing? If they did and you put your name on the tenancy too, then you are taking Public Funds, which you are not allowed to take on your visa.


UK Visas and Immigration guidance for how it makes decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publications/public-funds


Page 14.
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.



« Last Edit: May 18, 2019, 02:04:11 PM by Sirius »


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Re: Council house
« Reply #13 on: May 18, 2019, 03:42:49 PM »
"EU law does not allow member states to impose on EEA citizens the same restrictions as the UK currently operates for non-EEA nationals. Eligibility criteria for EEA citizens are quite complex and depend on a range of factors such as whether they are, or have been, in "genuine and effective work" or have a "genuine chance" of being hired. An EEA citizen who arrives without a job and is still looking for work cannot receive means-tested jobseekers' allowance, child tax credit or child benefit within the first three months, under new regulations that came into force during 2014. These jobseekers must also pass the "habitual residence test" in order to claim. This test considers various factors including the measures they have taken to establish themselves in the UK and find work here. An EEA citizen who moves to the UK and is determined to be a "worker" is immediately eligible for in-work benefits like tax credits and housing benefit. However, their work must be considered "genuine and effective"."

"Various measures have been introduced since 2013 to restrict welfare access for EEA citizens who are not working. In particular, new measures mean that EEA jobseekers:

Cannot claim means-tested Jobseekers Allowance (JSA), child benefit, or child tax credit within the first three months of arriving in the UK.
Lose eligibility for JSA if they are still looking for work after a further three months, unless they can give 'compelling evidence of a genuine prospect' being hired, such as a written job offer.
Cannot claim housing benefit.

There were also two changes to the processes of determining whether applicants meet existing eligibility criteria. This included an "improved electronic tool" for determining whether someone is "habitually resident", and a new policy of scrutinizing applications more closely if a person's claim to have gained eligibility for benefits because of their current or previous employment was based on work that earned them less than the threshold at which employees start paying National Insurance contributions (currently £155 per week).


https://fullfact.org/immigration/migration-and-welfare-benefits/

and

EEA Family Member Rights

The Immigration (European Economic Area) Regulations 2006 provide free movement rights within the UK to direct non-EEA family members of EEA nationals. Under these Regulations, direct family members are entitled to an automatic right of residence which includes the right to work, be self-employed and access to a range of government benefits. These rights will continue for as long as the person remains a family member of an EEA national who is either:

residing in the UK for an initial period of three months;
exercising his or her rights as a ‘qualified person’; or
a permanent resident in the UK.

Which Family Members Benefit?
Only direct family members of EEA nationals can attain the right of residence.

The Regulations define direct family members to include:
a spouse (husband or wife) or civil partner of an EEA national;
direct descendants of an EEA national or their spouse or civil partner who are:
under the age of 21; or
dependants of an EEA nationals or their spouse or civil partner;
dependant direct relatives in the ascending line of an EEA national or their spouse or civil partner.


More available https://ec.europa.eu/unitedkingdom/services/your-rights_en

See also https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/

And

"Equal treatment
During their stay, your spouse, children and grandchildren should be treated as nationals of the host country, notably regarding access to employment, pay, benefits facilitating access to work and enrolment in schools. Even if they are staying as tourists, they should not, for example, have to pay higher fees to visit museums or when buying transport tickets.Exception: If you are a pensioner, some EU countries may decide not to grant you and your family income support for the first 3 months in that country."
   https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm

So, a non-EU direct family member of an EU citizen is treated pretty much the same as an EU citizen.  A non-EU extended family member has less rights, I believe.
« Last Edit: May 18, 2019, 04:36:32 PM by Nan D. »


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Re: Council house
« Reply #14 on: May 18, 2019, 05:25:17 PM »

An EEA citizen who moves to the UK and is determined to be a "worker" is immediately eligible for in-work benefits like tax credits and housing benefit. However, their work must be considered "genuine and effective".[/i]"

They cannot. That is a very old article and is out of date. Even when it was written in 2015, they missed that the UK had changed the EU Regs for EEA citizens in the UK the previous year, in 2014.

The  UK said they will no longer tolerate those who use Free Movement for what they will take and simply changed the rules, and will keep changing the rules. All this was said before the UK voted to leave the EU.



EEA citizen workers must be in work and cannot have UK low income benefits immediately when they find work.  EEA citizen workers now have a  3 month wait for all UK benefits and must keep themselves or claim benefits from their own country. Some UK benefits now have a 2 year wait . They brought this wait in for British citizens arriving too.

It is that easy, the UK changes what they will give Brits arriving in the UK who have not contributed to the UK and that ends it for EEA citizens and their families too. That's why I said before that it doesn't matter what PM May agrees to as any future UK government cannot be held to that. The EU acknowledged that in the Withdrawal Agreement (if there is one) that the EU is bound to that  but the UK will not be because of the way UK laws work.

For those arriving as EEA citizen jobseekers.
The UK changed to, EEA citizen Jobseekers arriving cannot have benefits and the UK decided they can only be an EEA citizen jobseeker for 6 months. No UK benefits anymore for these for the first 3 months now and then only £71 a week jobseekers for the second 3 months IF they can prove they are looking for work for 35 hours a week AND prove they are likely to get that job. No benefits anymore for housing, or for their children (Tax Credits, Child Benefit).  After that second 3 months, the jobseekers benefits payment stops too.

Then the UK applied that retrospectively and those EEA citizens who had been "jobseekers" for years in the UK. These lost all their UK benefits, including benefits for housing and benefits for their children, benefits as they were ill. These could no longer pay their rent and several months later when their landlord was able to get a court to evict them, when they applied to UK councils for emergency housing as they were destitute, they were told that if they were destitute in the UK then they should return to their own EEA country. 
https://www.freemovement.org.uk/existing-eea-migrants-at-risk-of-destitution-following-the-removal-of-housing-benefit/

For EEA citizen workers, now if they lose their job they can only have 6 months as a jobseeker before all their other low income UK benefits end too (Housing Benefit, Working Tax Credits, Child Tax Credits, Child Benefit, Sick benefits like ESA etc), unless they retain workers rights, but that is time limited too.


Another popular move with EEA citizens,, is to move to a country where they think they will be given more in retirement. The UK has started closing that down too to make sure other EEA countries will give more than the UK.

The UK was taken to the European Court but the UK had ensured they changed within the EU laws and the UK won.

You only have to read the Welfare Reform laws that started as Bill in Parliament years ago, to see how things will change again for EEA citizens.

That's why I have been saying Brexit won't matter a jot to those using Free Movement for what they can take because the UK can (and does) keep changing the laws to make the UK less attractive to these: then apply those changes retrospectively.
« Last Edit: May 18, 2019, 05:30:31 PM by Sirius »


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