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UK: Facts about No recourse to Public Funds and ILR application.
I hope this will help some people.
Some public funds can in fact be claimed by non-UK spouses through their British spouses.
What are public funds?
http://www.bia.homeoffice.gov.uk/applying/generalcaseworking/publicfunds
Public funds' include a range of income-related benefits, together with housing and homelessness support. The full list is as follows:
- income-based jobseeker's allowance
- income support
- child tax credit
- working tax credit
- a social fund payment
- child benefit
- housing benefit
- council tax benefit
- state pension credit
- attendance allowance severe disablement allowance
- carer's allowance
- disability living allowance
- an allocation of local authority housing
- local authority homelessness assistance
I have come across a very good advice from an expert on 'UK Resident immigration forum' with regard to what public funds can actually be claimed by a 'UK resident' and 'non-UK spouse' without affecting the future visa (ILR).
source: http://www.ukresident.com/forums/index.php?showtopic=35884&st=15
Let's go through this slowly! Firstly "Public Funds" as defined in para 6 of the Immigration Rules is certainly not a full list of the possible benefits that one can possibly get from the UK Government. For example, there is nothing maternity-related within the definition. But Child Benefit and also Tax Credits are within the Public Funds definition.
Child Benefit! This is a single-claimant benefit. This is OK for you (British resident) to claim, but absolutely not OK for your fiance/e; (non-UK spouse) to claim, given the "No recourse to Public Funds" restriction on his/her visa.
Tax Credits! More complicated, because in respect of a couple living together Tax Credits must be claimed jointly by the couple. It would be very wrong for just one of a couple to make the claim. So at first glance the "No recourse to Public Funds" restriction is a problem.
However some "small print" in the Tax Credits legislation, namely reg 3(2) Tax Credits (Immigration) Regulations 2003 comes to your rescue.
http://www.opsi.gov.uk/SI/si2003/20030653.htm
That is, as one of the joint claimants is not subject to immigration control .... you ... and the other person is a person subject to immigration control ...... your fiance/e; .... then for Tax Credits purposes only both of you are treated as being not subject to immigration control. Accordingly it is totally OK for such a joint claim to be made .... and you should make it forthwith ... without delay .... because new claims can only be backdated a maximum of 3 months.
The above-mentioned reg 3(2) is reinforced by para 6B of the Immigration Rules.
In short, a claim by you for Child Benefit ..... and a joint claim by you and your fiance/c; for Tax Credits .... is totally OK and will have no impact upon any subsequent visa application by your fiance/e;.
QUOTE
.... in the event we get refused our 2 year spouse visa ..
As long as you can show that the marriage has happened, by producing the marriage certificate, and it is clear that the financial and accommodation tests are passed, there is no reason why the application for the 2-year spouse visa will not be granted.
Indeed claiming the Tax Credits, and therefore legitimately increasing the family income, means that it is even more likely that the financial test will be passed.
Claim what you are entitled to!
John.
There you are ladies and gentlemen, claim what you are entitled to.
see also: http://www.pantip.com/cafe/klaibann/topic/H5814151/H5814151.html
FYI.
All the best.
จากคุณ :
genf 
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16 ก.ย. 50 18:17:14
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