# Sad news re paying ILR visa



## wannagonow (Feb 13, 2011)

Hi all,

I have a dire situation, my British hubby and I have come upon the worst scenario. Our landlord recently passed away and the family has us remaining in the house to watch over it until legalities are sorted and house is sold, this could mean months or possibly a year. We are in charge of paying all utilities (the family put all of them in hubby's name without consent) and Council tax based on the value of the 3 bedroom house, one that is far too big for us to run and far too expensive. When the landlord was alive, we paid minimal rent, utilities and Council tax included in rent. I am applying for my ILR Set(M) in August at a PEO and doubt we can pay for it now that all money earned will be going towards living here. 

The easy solution is to move to a cheaper place but since we have incurred expenses with the utilities so far and the fact we would have to pay bond to secure the flat or studio, this is almost impossible as well. I just had a doctor checkup and my blood pressure has gone dangerously high due to stress, he considered me go to the hospital but I refused. I thought our situation was bad prior to this (there is so much negativity, including family tragedy, it is totally unbelievable), but this is in the ridiculous stage now. My husband works for recruiters not a regular job and we are always in fear of him losing his job because lots of times here, a company goes slow and the agency worker is no longer needed. This has happened ever since I moved here in April 2011, hubby has been out of jobs off and on. I am out of a job, have been for many months because business is slow and those who have regular jobs hold onto them because of a severe shortage here in northern England. My only hope is securing a job, but all I get is we are working on it, but no luck at all. I search high and low with every possible method.

What happens if we can't afford the ILR visa in August? Will I be deported? This would be a final blow to all I have been fighting for, I really have had the worst luck saving money since moving here due to our lack of work and other circumstances. I know of no one who can lend us money, we don't have a credit card and due to hubby's type of employment and my lack of current work, it would be impossible to get a loan or credit from bank. Unfortunately, I have no place to live in the USA if deported, no home to go to, would the Immigration Officer or UKBA have any compassion? Also, due to medical reasons, I couldn't afford the needed health insurance in the States. As of now, hubby has a skilled job, but pay is minimal (slightly above minimum wage, which is unreal due to his sort of skills), hope the company stays busy enough that he lasts there, otherwise, I am finished. If perhaps, I could extend the FLR, (assuming we could pay for it), would it be for another two years? And once the FLR ends again, would I revert to the new rules or remain in the old rules? 

Sorry this post is so long, but the scenario needed to be mentioned to give an idea of the circumstances. Any help would be greatly appreciated.


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## Joppa (Sep 7, 2009)

First, you have to speak to the late landlord's family and get it sorted. Do you have tenancy agreement and what does it say about utilities? You shouldn't be left in a position to pay bills for a property that is too big for your needs. Have you paid a deposit or bond when you moved in, and is it protected? If it was an informal arrangement and you paid below market rent and little towards utilities, then I'm afraid you have had it too easy and you really couldn't afford to live there.

As for your immigration status, if you don't go for ILR or extend your visa (the difference in fees currently is £510 for same-day premium service), then you will have to leave UK, and UKBA will show no discretion over lack of funds for visa fees or no accommodation in US.


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## wannagonow (Feb 13, 2011)

Joppa said:


> First, you have to speak to the late landlord's family and get it sorted. Do you have tenancy agreement and what does it say about utilities? You shouldn't be left in a position to pay bills for a property that is too big for your needs. Have you paid a deposit or bond when you moved in, and is it protected? If it was an informal arrangement and you paid below market rent and little towards utilities, then I'm afraid you have had it too easy and you really couldn't afford to live there.
> 
> As for your immigration status, if you don't go for ILR or extend your visa (the difference in fees currently is £510 for same-day premium service), then you will have to leave UK, and UKBA will show no discretion over lack of funds for visa fees or no accommodation in US.


Thanks for the quick response Joppa, 

Yes, we have a tenancy agreement and it includes rent and utilities all in one payment. My hubby was very good friends with the landlord and I became one as well after moving here. The landlord died at my feet, and this has really affected me, hence more stress. My hubby has lived here for many years, I was added to the tenancy agreement. Everything is valid. The only thing that changed is since we needed a place to stay, the family allowed us to and would like us to watch over the house. Our concern is the fact the house is so big and the cost to run it is more than what we can pay. My hope is for a job to come through very soon.

If for some reason I do go for FLR instead of ILR, can I renew the new FLR visa prematurely instead of waiting for two more years? Also, would the future ILR be under the old rules or under the new rules? Hopefully things get sorted and I can go for the ILR in August. I am just so upset all this is happening so close to the upcoming visa.


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## Joppa (Sep 7, 2009)

If you decide to extend your current leave, you can go for settlement (ILR) at any time. Provided you don't let your leave lapse, you will continue under the old rules. But getting FLR and then ILR will cost you £2244, while ILR is only £1377.


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## nyclon (Apr 3, 2011)

wannagonow said:


> Yes, we have a tenancy agreement and it includes rent and utilities all in one payment. My hubby was very good friends with the landlord and I became one as well after moving here. The landlord died at my feet, and this has really affected me, hence more stress. My hubby has lived here for many years, I was added to the tenancy agreement. Everything is valid. The only thing that changed is since we needed a place to stay, the family allowed us to and would like us to watch over the house. Our concern is the fact the house is so big and the cost to run it is more than what we can pay.


So, is there an amount specified for rent and utilities? That shouldn't change.


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## wannagonow (Feb 13, 2011)

Joppa said:


> If you decide to extend your current leave, you can go for settlement (ILR) at any time. Provided you don't let your leave lapse, you will continue under the old rules. But getting FLR and then ILR will cost you £2244, while ILR is only £1377.


Thanks again for the quick response, Joppa, 

Yes, I understand about the added monies with two visa's, however this could help us save easier for the future ILR as the FLR is less money to worry about soon, but I am in the hopes all will work out for the ILR visa in August. I wanted to cover all bases in case things don't work out for the ILR.


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## wannagonow (Feb 13, 2011)

nyclon said:


> So, is there an amount specified for rent and utilities? That shouldn't change.


Hi nyclon,

Yes there is an amount specified for the rent and utilities, however, the landlord that passed away did not renew the tenancy agreement in a timely manner. We still have the old agreement and as of this date, the house is technically in limbo, there is no real owner due to possible probate issues if the mother's will (landlord had no will) is not found and as the family has told me, they are sorting things out and in the meantime we are occupying the house and paying out full utilities and council tax. Council tax is the worst of the costs paid monthly, it is based on the value of the property and house size, payout is much higher due to that. We have homeowner responsibilities without actually owning the home.


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## nyclon (Apr 3, 2011)

wannagonow said:


> Hi nyclon,
> 
> Yes there is an amount specified for the rent and utilities, however, the landlord that passed away did not renew the tenancy agreement in a timely manner. We still have the old agreement and as of this date, the house is technically in limbo, there is no real owner due to possible probate issues if the mother's will (landlord had no will) is not found and as the family has told me, they are sorting things out and in the meantime we are occupying the house and paying out full utilities and council tax. Council tax is the worst of the costs paid monthly, it is based on the value of the property and house size, payout is much higher due to that. We have homeowner responsibilities without actually owning the home.


If your lease has expired you have no obligation to stay there.


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## nyclon (Apr 3, 2011)

Go see the CAB. If your lease is expired, these obligations should not default to you.


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## Joppa (Sep 7, 2009)

If the initial term of the tenancy has expired, and neither you nor landlord served notice, then it becomes a periodic tenancy and it continues. It can be terminated by giving notice by either party, notice period being equivalent to how you pay your rent. If monthly, then a month's notice is required.


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## wannagonow (Feb 13, 2011)

Thanks Joppa and nyclon!

I think we will let this matter sit for awhile as we need to scout out a new place to move to. May be a month or so but yes, we (my hubby and I) talked this morning and decided the best move would be to move to a smaller more affordable place. I have also decided to go ahead and go for the ILR vs the FLR. If not affordable come the time, I may somehow get a small unsecured loan for any difference in money we don't have towards the visa. I know there are ways to work with this, even if it costs extra money, at least I would be more at peace knowing I have the ILR...hopefully!!!


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## RyanP (Jul 24, 2012)

wannagonow said:


> Thanks Joppa and nyclon!
> 
> I think we will let this matter sit for awhile as we need to scout out a new place to move to. May be a month or so but yes, we (my hubby and I) talked this morning and decided the best move would be to move to a smaller more affordable place. I have also decided to go ahead and go for the ILR vs the FLR. If not affordable come the time, I may somehow get a small unsecured loan for any difference in money we don't have towards the visa. I know there are ways to work with this, even if it costs extra money, at least I would be more at peace knowing I have the ILR...hopefully!!!


I know this is a bit old now, but did you and your husband put your names down for social housing (provided by local councils and housing associations)? It's not always the easiest to get into (and it's not just for people who are unemployed, for example - there are different types of HAs), but depends on the area and the type of system run. No deposit is required and the rent is usually cheaper than private, so it's worth applying for (don't get anything if you don't try), even if it's a place for the future. Recently there have been changes (so-called bedroom tax), so more people (in receipt of housing benefit) will be trying to switch to one bedroom properties (or at least that was the expectation in my area when I enquired late Feb/early April).


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## wannagonow (Feb 13, 2011)

RyanP said:


> I know this is a bit old now, but did you and your husband put your names down for social housing (provided by local councils and housing associations)? It's not always the easiest to get into (and it's not just for people who are unemployed, for example - there are different types of HAs), but depends on the area and the type of system run. No deposit is required and the rent is usually cheaper than private, so it's worth applying for (don't get anything if you don't try), even if it's a place for the future. Recently there have been changes (so-called bedroom tax), so more people (in receipt of housing benefit) will be trying to switch to one bedroom properties (or at least that was the expectation in my area when I enquired late Feb/early April).


Thanks RyanP!! I have discussed this matter with my husband and as far as I know, I can not receive any assistance for housing (any benefits) because of the visa restrictions, however, he can. As a matter of fact he is going to enquire about benefits (short term for him) this week. I'll pass this on to him...

Thanks!!!


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## RyanP (Jul 24, 2012)

wannagonow said:


> Thanks RyanP!! I have discussed this matter with my husband and as far as I know, I can not receive any assistance for housing (any benefits) because of the visa restrictions, however, he can. As a matter of fact he is going to enquire about benefits (short term for him) this week. I'll pass this on to him...
> 
> Thanks!!!


Sorry for the misunderstanding. I didn't mean to get Housing Benefit.

General needs social housing is open to everyone, even those not on benefits (or who aren't eligible). So, you can put your names down for such a property, without restriction, as the rent won't be paid through benefits. It's not always the quickest type of housing to get into, but even if you move elsewhere for six months, it's worth applying for now. Renting through a housing association gives greater security, cheaper rent, no deposit, repairs are down by them, and some properties come with "right to buy" (if you decided you wanted to at a later date).

Check your local authority's website (or with a housing association in your area) for information on applying to housing associations as sometimes you don't need to apply for each organisation individually. There are schemes such as "choice based-lettings".

I know it's not a solution for your short-term needs.

Fingers crossed you can find an alternative, cheaper property soon.

I know it can be a scary time as the family are trying to sell the house, so you might worry about being made homeless at any moment, but the family (new landlords) will have to give you two month's notice (Joppa is right though about you only need to give one month's notice). Also, the terms of your tenancy agreement stand (even though it's now periodic and the original landlord has passed away). You can contact Shelter (Shelter, the housing and homelessness charity - choose your location) for more information.


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## wannagonow (Feb 13, 2011)

RyanP said:


> Sorry for the misunderstanding. I didn't mean to get Housing Benefit.
> 
> General needs social housing is open to everyone, even those not on benefits (or who aren't eligible). So, you can put your names down for such a property, without restriction, as the rent won't be paid through benefits. It's not always the quickest type of housing to get into, but even if you move elsewhere for six months, it's worth applying for now. Renting through a housing association gives greater security, cheaper rent, no deposit, repairs are down by them, and some properties come with "right to buy" (if you decided you wanted to at a later date).
> 
> ...


Thanks again, RyanP!! This is good to know and we will put our names forward very soon.


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