xxcrlyns

Hi All!

First, thank you for looking to this.

I am 21 years old mother living in UK for 5 years with ILR. I want to sponsor my boyfriend who is the father of my son. We are in relationship for 7 years he's Non- EU.

a) I am aware about Public Funds and I am currently receiving Child Benefit. I am afraid to apply for Child Tax Credit and Working Tax because I red it was in Public Funds list. I red somewhere that I can still claim Child Tax and Working Tax Credit but it won't be count as a proof of my income when I sponsor him but I also red somewhere that if you apply for benefits and you're a couple and your partner was subject to immigration control I cannot claim. In the future if he comes here, he will be subject to immigration control as he still needs to live for 2 years then apply for ILR right? What will happen if I have the Child Tax and Working Tax then? Hope you get my point.


b) I worked full time. In my last payslip I earned 17650 total gross. I am aware it didn't meet the minimum wage but I talked to my manager that I will do extra shifts and she'd OK. Also if I have savings I can sum that up right?




c) Me and my Son currently lives with my parents. I am planning to apply for Social Housing and pay the rent. I can do that right? I haven't applied yet because I am saving.



d) I need advice if I should sponsor him as Unmarried Couple, Fiancè or Spouse (then I need to travel to him and we must get married first). Can you give advice which ones best to do please?



I am really desperate to sponsor him because our son is growing and I want him to grow up with Us all together. I will really appreciate any advice. Thanks a lot!

englishguygoinghome

The most complete set of info I know of on public funds is the internal guidance for the UKVI here: https://www.gov.uk/government/publications/public-funds

It also references Para 6 of the immigration rules (page 4 here: https://www.gov.uk/government/public...s-introduction) which has a formal list of what public funds are, which includes:

• Child Benefit
• Child Tax credit
• Housing Benefit
• Working Tax Credit

Later on though (page 17) it lists the exemptions:
I am sure that the same logic applies to Child Benefit but can't find the specific reference in the document. The logical argument is stronger than for tax credits as it is only claimed by one person, not by a couple


If you want to take your earnings of 17650 into account you will need savings of 18375 (You earn 950 under the limit [shortfall]. 2.5 times the shortfall is 2375. Plus 16000 gives savings of 18375)

If you take overtime into account, you will need to prove that level of earnings over the six months before you apply - so it will be a wait until you can apply. The relevant bit of the rules is Appendix FM-SE 18(bb) which states that your income will be 17650 (your salary at the point of application) PLUS the AVERAGE overtime from the PAST 6 MONTHS. Effectively that means that once you have clocked up 475 of overtime (within the last 6 months) you can apply. If you can get that amount of overtime in the next couple of months then you can apply then, if it takes you seven months then you will not be elligible (only the last 6 can be counted) but if you start overtime in May and have got that amount by end of October you're OK to apply at the end of October (because you earned the money within a 6 month) window.




If you would be getting the housing in your name, you can still include his on the tenancy agreement. (page 13 of the pdf linked above)
If you are refered by the council to a housing association then the same would apply.

But to be honest, if you mother's home is large enough to support you and your child then I'd stay there for now. That way you can save up more money to meet the financial requirement, pay for visa fees, flights etc. (ideally 3 bedrooms, if it is 2 beds I'd need to check the rules on overcrowding and it would depend on the age of the child).

Depending on the cost of a flight for you to visit him, it would probably be cheaper to get married in a small ceremony in his home country and then sponsor him as a spouse. That way he could find work immediately and you would only need to pay for 3 visas over the next 5 years instead of 4 (at nearly 900 each). There is nothing to stop you from planning the wedding celebrations here for a later point in time, and it would even be additional evidence that the wedding is not a sham.

Hope this helps. I'll check out the exact rules on working out average earnings where overtime is involved.

xxcrlyns

All I can say is A BIG THANK YOU!
You covered almost all of my concerns. I really appreciate your reply.


Regarding my salary, I am actually planning to sponsor him next year for 2014-2015 tax year. I was hoping to have 18600 or more on my p60 then hopefully? Also gives me time to save up right?

About the benefits, I'm really bothered if I should claim Child Tax Credit and Working Tax Credit but might affect when I sponsor him. I red that when you sponsor you must not have recourse to public funds.


You are right, probably we should get married first. But then if I fly to see him I will not get overtime and it will appear on my payslip and I am down. Probably I should see him after April next year?

formula

As you have ILR then you can apply for benefits. You cannot count your benefits as part of your £18,600 sponsorship, but you can claim them and it won't affect you sponsoring anyone.

Your income it too high for WTC as that has a cap of about 11/12k for a single person. Or were going to ask for financial help towards childcare (which seems to come under the WTC part of Tax Credits)?