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Housing Benefits And Spouse Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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lalolaal
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Housing Benefits And Spouse Visa

Post by lalolaal » Thu Mar 17, 2022 9:55 pm

Hi Everyone,

It’s been long time since I posted anything on this forum. I have an important question if someone can please assist with it then it would be really helpful.

I’m applying for my wife’s spouse visa to join me ( a British Citizen) in the UK. I earn over £50k so I meet the financial requirements. My concern is that I moved with parents recently who claim UC which also include housing element. They are renting the place and I have added my name on the tenancy agreement. As far as I understand, their UC claim will negatively impact my spouse’s visa application. And I might get a refusal because of it. Do I need to contact the council/UC to let them know that I moved in with my parents so they will stop paying my parents the housing element? Is it even possible? Would they still get the rest of work related benefits?
Last edited by lalolaal on Thu Mar 17, 2022 9:57 pm, edited 1 time in total.

lalolaal
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Posts: 64
Joined: Wed May 09, 2012 5:00 pm
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Re: Housing Benefits And Spouse Visa

Post by lalolaal » Thu Mar 17, 2022 9:57 pm

lalolaal wrote:
Thu Mar 17, 2022 9:55 pm
Hi Everyone,

It’s been long time since I posted anything on this forum. I have an important question if someone can please assist with it then it would be really helpful.

I’m applying for my wife’s spouse visa to join me ( a British Citizen) in the UK. I earn over £50k so I meet the financial requirements. My concern is that I moved with parents recently who claim UC which also include housing element. They are renting the place and I have added my name on the tenancy agreement. As far as I understand, their UC claim will negatively impact my spouse’s visa application. And I might get a refusal because of it. Do I need to contact the council/UC to let them know that I moved in with my parents so they will stop paying my parents the housing element? Is it even possible? Would they still get the rest of work related benefits?

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Casa
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Re: Housing Benefits And Spouse Visa

Post by Casa » Fri Mar 18, 2022 1:10 pm

lalolaal wrote:
Thu Mar 17, 2022 9:57 pm
lalolaal wrote:
Thu Mar 17, 2022 9:55 pm
Hi Everyone,

It’s been long time since I posted anything on this forum. I have an important question if someone can please assist with it then it would be really helpful.

I’m applying for my wife’s spouse visa to join me ( a British Citizen) in the UK. I earn over £50k so I meet the financial requirements. My concern is that I moved with parents recently who claim UC which also include housing element. They are renting the place and I have added my name on the tenancy agreement. As far as I understand, their UC claim will negatively impact my spouse’s visa application. And I might get a refusal because of it. Do I need to contact the council/UC to let them know that I moved in with my parents so they will stop paying my parents the housing element? Is it even possible? Would they still get the rest of work related benefits?
You living in your parents' home will result in a fixed amount deducted from their UC allowance. This is called a non-dependant deduction. Your claims assistant will want to see documented proof of your earnings in order to calculate the amount to be deducted each month. Examples of documents whichever are applicable to your income are:
    An award letter from Jobcentre Plus, or a payment book showing what benefits your non-dependent receives. Payslips.
      A completed employer's certificate of earnings
        A set of accounts, if your non-dependant is self-employed.
          A student award letter if they are a student.

          Failure of your parents to notify the authorities that you are living in the property would be fraudulent.
          (Casa, not CR001)
          Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

          lalolaal
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          Re: Housing Benefits And Spouse Visa

          Post by lalolaal » Fri Mar 18, 2022 4:59 pm

          Thanks for replying to me. So here’s the whole story, I rented the house along with my parents ( tenancy agreement got our names as in three people). Immediately after that I left UK and moved to Pakistan where I lived there for 2 months and got married while working remotely. In my absence my parents applied for UC as a couple while telling them that I am in Pakistan. Obviously they should have stated that I’m there temporarily and count me in the payment calculation. Now I want to inform council/UC that I moved back but I’m not sure what’s the best course of action that won’t jeopardise my spouse visa application. Do I need to tell council that I’m the joint tenant as in I pay towards the rent or be a non-dependent household member?

          Also, what is the best thing to do for my spouse visa as I don’t want her application to be affected by it. Shall I move out all together and rent my own place? This means delays for months because of having to wait for the new address on all the of documents.

          Is there a way where I can rectify this situation while still staying at my parents place?

          My worry is below paragraph from Appendix FM

          E-LTRP.3.4 of Appendix FM states that "The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively, unless paragraph EX.1. applies: accommodation will not be regarded as adequate if (a) it is, or will be, overcrowded; or (b) it contravenes public health regulations"

          JB007
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          Re: Housing Benefits And Spouse Visa

          Post by JB007 » Fri Mar 18, 2022 5:30 pm

          lalolaal wrote:
          Fri Mar 18, 2022 4:59 pm
          Obviously they should have stated that I’m there temporarily and count me in the payment calculation. Now I want to inform council/UC that I moved back but I’m not sure what’s the best course of action that won’t jeopardise my spouse visa application. Do I need to tell council that I’m the joint tenant as in I pay towards the rent or be a non-dependent household member?
          Tell them the truth. Your parents would have had to show the DWP the copy of the tenancy agrement and they will know you are the joint tenant.

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          Casa
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          Re: Housing Benefits And Spouse Visa

          Post by Casa » Fri Mar 18, 2022 7:59 pm

          Also be aware that you will need a letter from the landlord for your Spouse visa application, agreeing to your wife living in the property.
          (Casa, not CR001)
          Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

          lalolaal
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          Re: Housing Benefits And Spouse Visa

          Post by lalolaal » Sat Mar 19, 2022 2:42 pm

          Casa wrote:
          Fri Mar 18, 2022 7:59 pm
          Also be aware that you will need a letter from the landlord for your Spouse visa application, agreeing to your wife living in the property.
          This still means that I’ll be living in a house where other people (family members) rely on public funds even after letting the DWP that I’m the joint tenant for this property. Would this still have any repercussions on my spouse visa for satisfying the adequate accommodation requirements?

          I’ll get the letter from the letting agent/landlord agreeing on letting my spouse to live in the property. Also, I’ll do a property inspection survey and submit the report showing that the house is not overcrowded.

          My concern remains with the below paragraph from Appendix FM. My parents are claiming benefits on the same house. So I’m still not sure if it’ll have an impact on my spouse’ visa application.


          E-LTRP.3.4 of Appendix FM states that "The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively, unless paragraph EX.1. applies: accommodation will not be regarded as adequate if (a) it is, or will be, overcrowded; or (b) it contravenes public health regulations"

          lalolaal
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          Posts: 64
          Joined: Wed May 09, 2012 5:00 pm
          Location: London
          Contact:

          Re: Housing Benefits And Spouse Visa

          Post by lalolaal » Sun Mar 20, 2022 7:56 pm

          lalolaal wrote:
          Sat Mar 19, 2022 2:42 pm
          Casa wrote:
          Fri Mar 18, 2022 7:59 pm
          Also be aware that you will need a letter from the landlord for your Spouse visa application, agreeing to your wife living in the property.
          This still means that I’ll be living in a house where other people (family members) rely on public funds even after letting the DWP that I’m the joint tenant for this property. Would this still have any repercussions on my spouse visa for satisfying the adequate accommodation requirements?

          I’ll get the letter from the letting agent/landlord agreeing on letting my spouse to live in the property. Also, I’ll do a property inspection survey and submit the report showing that the house is not overcrowded.

          My concern remains with the below paragraph from Appendix FM. My parents are claiming benefits on the same house. So I’m still not sure if it’ll have an impact on my spouse’ visa application.


          E-LTRP.3.4 of Appendix FM states that "The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively, unless paragraph EX.1. applies: accommodation will not be regarded as adequate if (a) it is, or will be, overcrowded; or (b) it contravenes public health regulations"
          Anyone can respond on it please?

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