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Is it true or just they are scare you?

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aparwezi | 22:17 Tue 12th Aug 2008 | Civil
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I am a british and I did sponser my wife and my daughter from abroad to the UK and they are given two years visa, on the visa is wriiten NO RECOURSE TO THE PUBLIC FUND. They have live in this country nearly two years. My wife she has birth another child in the UK. unfortunatly Now we are going to be homeless and I went to the council and apply for housing. The homeless person unit is saying "if you are going to apply for housing, it means we will inform the home office and they won't give extension on your wife and daughter visa. I am telling them of course on the visa is written DO NOT HELP THEM but help me and my son, we are eligiable, She (HPU) is saying no either take the visa or the house. I can't afford to pay rent a private house and If I lose my wife and my daughter then what should I do with their house. I don't know what should I do? Please advice me or if your a lawyer then If you can please write a letter that I can take to the council.
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It looks like their visa was conditional upon your being able to support them financially (or them to support themselves financially) so that by allowing them into the country they would not be a a burden on the state.

I would say that if they can't fulfil the terms of their visa then they are unable to stay in the country on it.

You have a right to have state assistance so could apply for social housing and benefits but not so far as it is supporting them also.

How long is left on your wife and daughter's visa? If you are able to support them for that time and try and find and sort things out financially before the visa expires and they would have to leave the country if things have not changed.

Do both you and your wife work? Could you get better paying jobs maybe with hours which mean the children are looked after if you can't afford childcare.

Do you have any family who could help with the children to increase you and your wife's capacity for work or could one of you work from home?

If you have problems with debt then I'd suggest going for free local debt counselling to try and get a handle on that and make plans for how to better support yourself and your family in the future.

If the worst happens, could your wife and daughter return home for a while you try and put yourself in a better financial situation where you can support them once again?

a greenie question, says the greenie!
if it states there is no recourse to public funding, then that is exactly what it means. if the homelessness officer does his job properly, then if you or your wife do apply then they will inform the home office. this will be to avoid paying for housing that they do not have to and probably do not want to - there is little enough going around as it is! also - if you are intentionally homeless (i.e. not paid rent, caused a nuisance etc.), then they do not have to provide you with housing either - what they will do is report you to social services if your son will be homeless. don't think that if you have kids that you will get a free ride (or house). it just doesn't work that way. my hubby is a homelessness officer and used to meet people like you all the time.
There are different types of visa. You say you sponsored them. Do you mean this, or are they here on a spouse visa? The 2 year term & "no recourse to public funds" looks very like a spouse visa. The visa stamp in the passport should state the type.

There is a definition somewhere in legislation of what public funds means (can't find it at the moment), & I don't think (but can't be sure) that it includes council housing. It is more related to welfare benefits.

So if it is a spouse visa & I am right about the definition it should be possible to get council housing, providing you are not deemed to be intentionally homeless. However, if you want Housing or Council Tax Benefit it will have to be assessed for you as a single parent, & there could be a problem if your wife does not have a National Insurance number.

This can all be pretty complex. I suggest you go to your local CAB & take all the relevant documents with you.
I used to work in the housing department and if the visa says no recourse to public funds then they aren't entitled to council housing. The application will be assessed on the people who do have recourse so you may end up trying to cram 4 people into a two person flat, for example.

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