# ILR for husband & Working Tax Credits for me



## Lorelli (Jan 6, 2012)

Hello everyone. 

Having sifted through these forums many times when my husband and I were looking into marriage, I thought it was about time I joined. That plus I have some questions about his ILR application! 

We were married in May last year and as such have around 18 months to go until OH can apply for his Indefinite Leave to Remain from the UKBA. 

My previously well paid freelance job has become _so_ sporadic of late, that I've taken up a permanent job (24-32 hours per week) with a small local charity. Although I will continue to take the freelance assignments when they arise, these now only average around £100 per month. The new charity job brings in £600-£800 per month, depending on shifts allocated. OH is currently bringing in next to nothing as a full time musician, so I am therefore the main breadwinner. That's not much bread, I can tell you! 

My question is about Working Tax Credits. As a British citizen, working at almost minimum wage, I am myself eligible to apply for these. As I am married, I would have to submit a joint application. _However, I am worried that the claiming of this benefit would go against OH when it comes to his ILR application, because *his* name will be on the Working Tax Credit application as my spouse. I presume this would need to be declared on the ILR application too, but I'm wary of the 'No recourse to public funds' stipulation. _I just can't find definitive information about this and it's making me nervous. 

I won't even consider applying for Working Tax Credits myself if there's a possibility that it would be detrimental to OH's chances of obtaining ILR, but I can't ascertain if it's allowed or not...

Could anyone advise please?


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## Joppa (Sep 7, 2009)

Lorelli said:


> Hello everyone.
> 
> Having sifted through these forums many times when my husband and I were looking into marriage, I thought it was about time I joined. That plus I have some questions about his ILR application!
> 
> ...


What will happen is while you are eligible to apply for WTC, you will be assessed as a couple, and any money you get on WTC will be disregarded when working out your financial resources to meet the maintenance requirement. When applying for WTC, you have to declare to DWP that your husband is subject to immigration control and is ineligible to access public funds, and they will assess the amount of tax credit accordingly. While the current requirement is quite low - £105.95 left over after paying for housing (rent/mortgage and council tax), it's said to rise substantially later this year up to around £26,000 gross annual income. 

No recourse to public funds means your husband cannot access most benefits and tax credits, and while you may be eligible to apply, any money you get will be disregarded from financial resources needed to meet the maintenance requirement.


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## Lorelli (Jan 6, 2012)

I thought you'd be the one to come up with the advice needed, Joppa! Thank you very much!

I originally presumed that the WTC application in itself could mark as a negative against OH's ILR because he would be included as my spouse on it. 

I suspect that's a moot point however, as I inherited this house and own it outright. As such, I probably would not qualify for WTC anyway, as we don't have any rent/mortgage outgoings. Council Tax is only around £100 per month, so I suppose they'll look at the rest of my wages as icing on the cake.


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## Joppa (Sep 7, 2009)

Lorelli said:


> I thought you'd be the one to come up with the advice needed, Joppa! Thank you very much!
> 
> I originally presumed that the WTC application in itself could mark as a negative against OH's ILR because he would be included as my spouse on it.
> 
> I suspect that's a moot point however, as I inherited this house and own it outright. As such, I probably would not qualify for WTC anyway, as we don't have any rent/mortgage outgoings. Council Tax is only around £100 per month, so I suppose they'll look at the rest of my wages as icing on the cake.


The value of your house is disregarded for WTC calculation, and no expenditure is assessed either. It's your combined income plus your investment income minus £300 that counts, and your and your husband's work status. If it's less than around £15,000, you should get some WTC.


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## boutdumonde2000 (Apr 28, 2012)

*hellooo*

If you are receing WTC (and CTC), then you have to declare. While the applicant (your wife) is ineligible in her own right to apply for tax credits, you as a settled person can, so you aren't doing anything wrong or illegal in claiming. All it means is any benefits and tax credits received, except those you have contributed yourself like contribution-based jobseekers allowance and retirement pension, will be disregarded in working out your financial resources to support the applicant, and any awards received have been worked out based on your wife's ineligibility (if you have told the tax credit people about it) - i.e. they reflect payment to a single person, not to a couple. For example, if your wife were a settled person like you, you might have received £100 a week, but you only got £50 as a single claimant.


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