I was asked very recently by a migrant on a Tier 2 General – further leave to remain; “would a settlement application be refused? On the grounds that the Government Home Help Scheme was used to buy “their” (including British Partner) UK first home?”.
My advice “No”.
And here are the reasons why; The Government Home Help Scheme works and will not affect your spouse’s settlement application;
The Scheme Rules came into effect from 9 November 2016, to help first-time Homebuyers. By allowing them to place saving into an ISA; an “Individual Savings Account”.
The Spouse, Tier 2 General migrant and British Partner can open an account with any bank, building society or credit union that offers a Help to Buy: ISA accounts.
You both need to be a first-time buyer. The property you both are purchasing needs to cost less than the house price cap of £250,000 or less (or £450,000 or less in London).
You’ll be able to open a Help to Buy: ISA until 30 November 2019. After that date, they won’t be available to new savers anymore. If you opened your Help to Buy: ISA before then, you can keep saving into your account until 30 November 2029 when accounts will close to additional contributions.
You must claim your bonus by 1 December 2030.
So is the Spouse and British National eligible under the Government Home Help Scheme?
To qualify for a Help to Buy: ISA you must:
- be 16 or over
- have a valid National Insurance number
- be a UK resident or (a) though not resident in the United Kingdom, have general
earnings from overseas Crown employment subject to United
Kingdom tax within the meaning given by section 28 of the
Income Tax (Earnings and Pensions) Act 2003, or
(b) though not resident in the United Kingdom, are married to or in
a civil partnership with a person mentioned in paragraph
(a) above; - be a first-time buyer, and not own a property anywhere in the world
- not have another active cash ISA in the same tax year: If you have opened a cash ISA this tax year, you can open a Help to Buy: ISA but will have to take additional steps.
This rule defines clearly that Spouses and common-law partners, civil partners can apply under the scheme, without their immigration status being affected.
The Immigration Directorate Instruction Family Migration: Appendix FM Section 1.7 Appendix Armed Forces Financial Requirement
August 2017, does not list the Government Home Help Scheme as benefits or allowances in the UK.
Benefits or allowances in the UK are;
• Carer’s Allowance.
• Disability Living Allowance.
• Severe Disablement Allowance.
• Industrial Injuries Disablement Benefit.
• Attendance Allowance.
• Personal Independence Payment.
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
• Police Injury Pension.
The above factors confirm that the Tier 2 General migrant, spouse and civil partner will lose the right to settle as an applicant under the Government Home Buyers Scheme.
If your immigration status has been affected by the Government Home Buyers Scheme contact me today on 01634 828288.
Alternatively, if you are in the UK on an immigration status prior to settlement and have been under the Government Home Buyer Scheme, let me know on +44(0)1634 828 288. You can email me on [email protected]
