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  1. #1
    Forum Regular สมาชิกประจำ
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    Hi
    Me and Nid are trying to apply for a council house and have picked up the form today.
    2 questions are causing me some problems, the form says go to citizens advice but they were closed by the time we got there.
    The Q are:
    4. Do you have the permanent right to live and work in this country without restriction ?
    I think I have to tick no for Nid ??
    5. Is your and any joint applicants stay in the UK subject to any limitations or conditions ?
    I think I have to tick yes for Nid ??

    Due to these Q's I'm worried that even if we are eventually succesful it is somehow going to affect an ILR application.
    Any comments please

    Thanks
    Rob
    Honour good men, be courteous to all men, bow down to none.

  2. #2
    Forum Regular สมาชิกประจำ
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    Hi
    Me and Nid are trying to apply for a council house and have picked up the form today.
    2 questions are causing me some problems, the form says go to citizens advice but they were closed by the time we got there.
    The Q are:
    4. Do you have the permanent right to live and work in this country without restriction ?
    I think I have to tick no for Nid ??
    5. Is your and any joint applicants stay in the UK subject to any limitations or conditions ?
    I think I have to tick yes for Nid ??

    Due to these Q's I'm worried that even if we are eventually succesful it is somehow going to affect an ILR application.
    Any comments please

    Thanks
    Rob
    Honour good men, be courteous to all men, bow down to none.

  3. #3
    Moderator John's Avatar
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    I'm worried that even if we are eventually succesful it is somehow going to affect an ILR application.
    You need to take care here! For a start the application needs to be in your sole name, and not in the joint names of you and your wife, given that she still has a time-limited visa.

    The background to this is that Council Housing is within the definition of Public Funds, Thus you as a British Citizen are entitled to have your accommodation provided by the Council, but in accordance with para 6A of the Immigration Rules, you cannot have any bigger or better accommodation than if your wife was not here in the UK.

    When is your wife due to get her ILR? It might be an idea to hold off applying for Council Housing until after she has her ILR.
    John

  4. #4
    Forum Regular สมาชิกประจำ
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    Thanks John,
    Nids visa was issued on 24/1/07 and she arrived on 16/2/07.
    So I was hoping she would get ILR around the 19 - 23/1/09.
    The problem so to speak is she's due to have a baby in Jan 08. So I was looking to move sometime in early 2008.
    Do you know if housing associations/low cost purchasing schemes are also covered by the public funds rules ?
    Its a shame about the council as I've just reached the right to buy length on my tenancy, but as you know things are often not straight forward where i'm concerned

    Cheers
    Rob
    Honour good men, be courteous to all men, bow down to none.

  5. #5
    Forum Regular สมาชิกประจำ stevem's Avatar
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    Hi Roberrrt,If you are already a council tenant,why not go on the exchange list,as there are often people looking to exchange to a smaller property.
    That way it would still be in your name only until Nid gets the ILR.

  6. #6
    Premium Member ash's Avatar
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    The problem so to speak is she's due to have a baby in Jan 08. So I was looking to move sometime in early 2008.
    The baby will be British and entitled to accommodation congratulations
    ash
    Human beings are seventy percent water, and with some the rest is collagen

  7. #7
    Moderator John's Avatar
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    Do you know if housing associations/low cost purchasing schemes are also covered by the public funds rules ?
    Rob, no they are not. No problem with those.

    If you are already a council tenant,why not go on the exchange list,as there are often people looking to exchange to a smaller property.
    Yes, but that would mean him moving to a bigger property and thus have a problem under the terms of para 6A of the Immigration Rules. It is not just about in whose name the tenancy is, but what restrictions apply to the sponsor of the time-limited visa holder .... entitled to claim Public Funds ... but not entitled to claim more Public Funds because the visa holder is living there.
    John

  8. #8
    Premium Member ash's Avatar
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    Yes, but that would mean him moving to a bigger property and thus have a problem under the terms of para 6A of the Immigration Rules.

    Surely the addition of the baby would make the move to a larger property legitimate ??

    ash
    Human beings are seventy percent water, and with some the rest is collagen

  9. #9
    Moderator John's Avatar
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    Yes it would, but the baby is not due for 6 months. So I think no problem after the baby is born justifying larger Council accommodation but until then I suspect that para 6A would not be complied with.
    John

  10. #10
    Forum Regular สมาชิกประจำ
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    Thanks for your replies.
    There's about nil chance we will be offered anywhere before the baby is born, so I'll make the application now.
    The form asks for proof that Nid is pregnant, and we have a letter from the midwife confirming this. Its too soon to have the official certificate given at around 20 weeks.
    The midwife says they have no problem with our present flat and indeed says that they recommend the baby sharing the parents bedroom for the first 6 months. Its just knowing how long the wait is on the register that is spurring me into action now.
    I'll enclose a copied covering letter explaining Nid's visa status etc just in case.

    Cheers
    Rob
    Honour good men, be courteous to all men, bow down to none.

  11. #11
    Premium Member ash's Avatar
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    The midwife says they have no problem with our present flat and indeed says that they recommend the baby sharing the parents bedroom for the first 6 months.
    I would take that advice with a pince of salt but good luck with finding a bigger place

    ash
    Human beings are seventy percent water, and with some the rest is collagen

  12. #12
    Forum Regular สมาชิกประจำ stevem's Avatar
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    I have not looked at Para 6a John, but will do so now as i am in a 2 bed property and live on my own at present.I have a secure tenency,but will be applying for a S/V for my wife in the near future. Thanks for pointing it out.

  13. #13
    Moderator John's Avatar
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    Para 6A of the Immigration Rules is short and sweet :-

    6A. For the purpose of these Rules, a person is not to be regarded as having (or potentially having) recourse to public funds merely because he is (or will be) reliant in whole or in part on public funds provided to his sponsor, unless, as a result of his presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds.
    In other words, totally OK for the sponsor to be receiving Public Funds, unless that amount is increased because of the visa holder being in the UK.

    This para. certainly covers things like Council Housing.
    John

  14. #14
    Premium Member caller's Avatar
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    Originally posted by John:
    Do you know if housing associations/low cost purchasing schemes are also covered by the public funds rules ?
    Rob, no they are not. No problem with those.
    May not be relevant, but just bear in mind that many local authorities share allocation rules/IT systems with the larger housing associations in their areas.

    What applies to the one, applies to the other, including, sadly, corruption (a few points here...).
    'Tis me

  15. #15
    Moderator Tobias's Avatar
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    Originally posted by stevem:
    I have not looked at Para 6a John, but will do so now as i am in a 2 bed property and live on my own at present.I have a secure tenency,but will be applying for a S/V for my wife in the near future. Thanks for pointing it out.
    I wouldn't worry about Paragraph 6a stevem, if you are not intending moving then the status quo is fine. You will be claiming no 'additional' funds from the public purse.
    Tobias - โทเบียส
    Stay home. Stay alert. Save lives.

  16. #16
    Forum Regular สมาชิกประจำ stevem's Avatar
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    Thanks for that Tobias, i was getting a bit concerned for a moment.

  17. #17
    Forum Regular สมาชิกประจำ
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    Ash,
    I usually take advice with a barrow full of salt
    Thanks for your good wishes

    Rob
    Honour good men, be courteous to all men, bow down to none.

  18. #18
    Premium Member Dave C's Avatar
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    We was in the same situation when wew put the housing application into the council. I put in a joint application and was told by a very helpful council immigration advisor that we could only put the application in my name and have Nat's name as somebody living with me. Nat was also pregnant at the time and he told me told bring the proof of pregnancy, we just took Nats card for hospital checkups which was good enough to secure us with a 2 bed house.
    Not affecting the ILR we are going for this november ( test pending )

  19. #19
    Forum Regular สมาชิกประจำ
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    Thanks Dave,
    Following what John said I'm going to make the application in my name - thats one slip up avoided
    I aren't looking forward to the sleepless nights etc, but am looking forward to having a family with Nid at long last.
    Its been a long wait.

    Rob
    Honour good men, be courteous to all men, bow down to none.

  20. #20
    Premium Member KhunIanB-UK's Avatar
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    A question that I hope I won't be flamed for as I realise the power of love and the desire to be with the one you love and think that, NOW, the physical costs have a drastic effect on the emotional costs, I am wondering, if you need to be housed in what must be extremely rare "council" housing, how are you coping with the new fee increases (let alone future ones), keeping the family together and keeping in touch with Thailand?

    I think the more people that are struggling and can bring to their M.P.s, M.E.P.s attention that they are in a predicament with paying to keep their own family together, but are also expected to pay for not only their own relationship, but also for any immigrant or assylum seeker that passes the UK's borders or indeed for the policing of the borders without any further burden to other "Non-immigrant" tax payers would have a chance to swing around the way things are going.

    Rather than see ILR being £3,500 next year and a perfect grasp of the English language at £500 a test and £5,000 a course, I would way prefer to see someone benefit from Legal Aid and take the so and so's to Court to get a presedence over the unfair situation that people with limited income are being caused to suffer over.

    Also How many people 4 years ago would have said the costs I mention above are crazy (I would have done) and that would never happen? If you say I need , check on the prices back then. By the way I have made them up, so don't let rumours spread.

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