Turkish couple with 6mth old baby. Father has British passport and wife was smuggled into the country no right to reside
father has claimed CB and income-based JSA as single claimant. They have now been offered homeless accommodation - issue with hb/ctb and ctc - how will this work? If wife on claim when no recourse to public funds and national insurance issue.
Any help or guidance much appreciated

Have you got any immigration advice here? Big problem that she appears to be an illegal immigrant - should have applied as a spouse to join her husband who if he holds a British passport is treated as settled here.

He can claim benefits - as he must be getting the CB there should be no problem with him getting CTC. She will be treated as invisible so as to avoid the "public funds" bit. I have no idea how the claim for HB/CTB will go but in view of the "additional public funds" ruels I suppose the question is how much HB/CTB he would get as a single claimant and how much he would get as part of a couple - if the answer is "exactly the same" then there has been no resorting to public funds. Her problem may be the NINO here.

Sadly no, she can't be invisible anymore. That was how people used to get round this quandry.

The NINO will totally be a stumbling block. I recall there was a court of appeal decision to effect that unless they both have NINO's, the HB claim will fail. I'm sure it's Wilson v DWP.

http://www.dsdni.gov.uk/dms_hbmemo9.doc

She cannot just go get a NINO because again some legislation passed after the Wilson decision that stops people getting NINOs easily.

They really need an immigration solicitor to get this one sorted. In the meantime there is nothing to stop him working to provide for the family and him claiming the family benefits.

They need to be careful in case they get a bill for non payment in the hostel as the hostel will expect the family to get HB. Sounds awful but they'd be better staying with family or friends, if they have any until the recourse to public funds issue is sorted.

Currently the immigration status is that H is a British National while W’s immigration status is that of an illegal immigrant. I do not understand why W & B had not sought to enter under the Immigration Rules part 1 & 8 Boarder & Immigration Agency refers. Then again we are not aware of the length of time she has been in the UK or her history.

http://www.ind.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/

Even if W & B had entered the UK under the IR part 1 & 8 they may have only been given limited leave to remain and no recourse to public funds so there may already have been an indirect breach of immigration rules, see paragraph 2 of IDI’s Ch 8 s1&2.

I would find it difficult to conceive that W & B would wish to go undetected however coming clean most certainly could result in deportation action taken (subject to the period of time already spent, and submission on appeal), however as I do not have direct access to my immigration references, I could give a more definitive answer later. Although one could argue Art 8, the counter argument would be that of, leave and enter legally.

As for HB/CTB any claim by husband will have to include that of W & B, as under current HB & CTB rules W cannot abstaining from such a claim made by H, as such is automatically assessed with H. Therefore it is possible that even if H had LLTR any future application for ‘settled status’ could be if judged strictly to the rules be refused an application for an extension. Though could not be removed due to Human Rights issues Art 8, right to a private and family life.

Further having looked at the application form for ILTR, it appears that they only ask whether the applicant at the time is now receiving public funds that being either applicant or partner. It does not enquire whether or not the applicant had previously received public funds. See url below question 7.6 refers. However there maybe the onus on the applicant to have voluntarily disclosed any such facts at the time. There is however an onus on public authorities to report to IND/BIA of such claims.

The public funds are IB-JSA, HB & CTB, while it is commonly accepted and understood that CTC/WTC are not considered as public funds, see 5.1.7. of IDI’s Ch 1, s7.