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Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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hello. my husband is going to apply for indefinite leave to

Customer Question

hello. my husband is going to apply for indefinite leave to remain in NOVEMBER 2013 he got his visa oct 2011. we have two children and one due in November 2013. he works part time earns approx £900 gross pcm I work part time earning £700pcm I am due to stop work in October. I have also been getting housing benefit (as a lone parent) as I was told he can't have access to benefits. my working tax credit is due to stop before we apply but will still be getting child tax credit for our children. my benefits was same when I applied for spouse. . I am extremely worried that this will affect his visa application for ilr. please advise???also do I need to show 3 months statements for this? or just complete amount on form.. as we currently have 3 months statements for where our salary goes?



Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
If he is not claiming benefits then he should not have any problems. You would usually be expected to ensure that the benefits received are not higher as a result of the marriage.

If nothing has particularly changed since your previous application and there are no benefits in your husband's name then I do not see that there should be any issue.

You and your husband should usually supply your most recent 3-months payslips and bank statements at the time of application.

Remember that English Language evidence will be required in addition to the Life in the UK test.
Customer: replied 3 years ago.

Im abit confused as im being told hr should be on my tax credits as a couple even though hr cant get working tax credit.. And same with housing benefit .. Is this something they check to see if he is added ? Inever added him as I assumed he couldn't be on my benefits jointly... im not sure if I should add him now or not before we apply as im still down as single?


He has all bank statements, payslips, .. .


Expert:  Howard replied 3 years ago.
You are being told by who? The benefits agency? He should not be accessing benefits at all and your benefits should not be higher as a result of your marriage than they would be if he were not with you.
Customer: replied 3 years ago.

Just reading on the internet it seems people have joint claims while hubby is on spouse. I was worried it would affect his claim if im on my benefits alone as i never added him on as thought i couldn't . What actual checks do they do on the day? Will they contact benefits etc as this is what's stressing me the most now.. I thought if he is working is fine. Anything i have is same as if i was alone as never changed it. I planned on changing after when I know he can get working tax credit and add him to housing benefit after so if any deductions will be made up with tax credits.

Expert:  Howard replied 3 years ago.

All sorts of things happen but I have to advise based on what you should do. I'm not sure I understand what the problem is though. If you have claimed benefits solely on your entitlement then you have done the right thing. I think you might be thinking there is a problem where none exist. You do not need to add him to your benefits and you absolutely should not do so until he has got ILR.


Please remember to rate the service I have provided to you. Once you have done so you are welcome to continue asking questions if you are still not clear about the situation.

Expert:  Howard replied 3 years ago.
If you have no further questions then please make sure that you rate the service that I have provided. I have spent time assisting you with your query and would appreciate you taking the time to provide a positive rating. If you have further questions then they can still be asked after you have provided a positive rating.
Expert:  Howard replied 3 years ago.
I took the time to provide you with answers to your questions so please remember to rate the service that was provided to you.
Expert:  Howard replied 3 years ago.
Again, your question has been answered so please have the courtesy to confirm this and ideally provide a rating of the service that was provided to you.

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