Transpondia Immigration FAQ ©

Transpondia Immigration FAQ ©



Public Funds
"Public funds" is defined in paragraph 6 of HC395 as
  • Accommodation for the homeless provided by a local authority
  • Attendance allowance
  • Carers allowance
  • Child benefit
  • Child tax credit
  • Council tax benefit
  • Disability living allowance
  • Housing benefit
  • Income support
  • Income-based jobseeker's allowance
  • Other forms of accommodatation provided by a local authority
  • Severe disablement allowance
  • Social fund payments
  • State pension credit
  • Working tax credit
Additionally, there is this guidance note... "...For the purposes of these Rules, a person is not to be regard 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..."

This is taken to mean that the UK sponsor can be in receipt of public funds, but must show that the applicant will not cause the sponsor to receive additional public funds.

There are counterparts to the above list in Scotland and Northern Ireland. To repeat: it is the visa holder whose visa is contingent upon not receiving these benefits, not the UK-based sponsor.

It is also important to note what is NOT INCLUDED in the definition of "public funds":
  • NHS treatment: this is not public funds for fiances and spouses!
  • State education
  • Other, less controversial, items. Contributory job seekers' allowance, for example, is not included in the definition of public funds
  • Child benefit: it is prohibited for the applicant to claim child benefits. However, the UK-based sponsor may certainly claim child benefits where he/she is entitled, and this does not affect the visa holder in any way.
Those seeking more detailed information are directed to the Immigration Directorates Instructions, Chapter 8, Section 1, Annex F.

Tax Credits
Tax credits were introduced in 2003, and the immigration rules were subsequently modified in 2005. The rule change in 2005 affects couples where one partner is not subject to immigration control (i.e., a British citizen or permanent resident); and the areas the rule addresses are [1] working tax credits and [2] child tax credits. Under the rule, a couple may claim these tax credits without jeopardizing the immigration status of the person subject to immigration control.

Simply put, a married (unmarried, civil partnership) couple can claim child tax credits and/or working tax credits as long as one partner is a British citizen or otherwise exempt from immigration control. Other categories of claimants may also qualify, but these are outside the scope of this FAQ.

Domestic Violence
Victims of domestic violence seeking leave to remain are NOT subject to the public funds requirement.

Bereaved Spouses
Bereaved spouses seeking leave to remain are NOT subject to the public funds requirement.

Working Holiday Makers
Working Holiday Makers who have been working and become temporarily unemployed may be able to receive Job Seeker's Allowance based upon contributions already made.



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