UC ELIGIBILITY OF A BRITISH FATHER & DAUGHTER / WIFE ON SPOUSE VISA

[OB87]

Hi,

I have a query regarding the change of circumstances/adding new members section of the universal credit application. I have searched everywhere for a similar case but couldn’t find any.

I am a British father who applied for universal credit back in May. My application at the time was as a single applicant as my wife was in her home town applying for the spouse visa.

My wife got her visa (No access to public funds) late August and entered the UK on the 1st of September.
I figured I’d update the application by adding my 1-year old British daughter to the “Children and other people who live with you” section of the form. A got a call from the UC to confirm my daughter eligibility. A couple of days later, the benefits figure was adjusted.

I understand that my wife is not eligible to access public funds at the moment. Yet, I should still inform them that she lives with me in case of an additional flow of income on her end. Which I have done through a journal entry on my account.

My only issue is with the application itself and whether to add my wife to the “other people who live with you” section.

On the turn2us website, it states that If your partner is a person subject to immigration control you must claim Universal Credit as a single person.

I’m trying to be a bit thorough as I don’t want to make a mistake that will affect her immigration status. So, I tried to confirm this by calling the UC hotline and spoke to an advisor who told me to call an immigration officer and ask them the following :

1- Whether I should I keep my application as a single person if I live with my spouse?
2- Whether adding my spouse’s name to the application affect her immigration status?
3- Whether renting from a private landlord with both our names on the contract affect the claim and her immigration status?

Considering that my wife is a home taking care of our one-year-old.

I’m on a waiting list to speak to an immigration officer. But, I would prefer another view on the subject. Can someone please advise?

Thanks,

[JB007]

Hi,

I have a query regarding the change of circumstances/adding new members section of the universal credit application. I have searched everywhere for a similar case but couldn’t find any.

I am a British father who applied for universal credit back in May. My application at the time was as a single applicant as my wife was in her home town applying for the spouse visa.

My wife got her visa (No access to public funds) late August and entered the UK on the 1st of September.
I figured I’d update the application by adding my 1-year old British daughter to the “Children and other people who live with you” section of the form. A got a call from the UC to confirm my daughter eligibility. A couple of days later, the benefits figure was adjusted.

I understand that my wife is not eligible to access public funds at the moment. Yet, I should still inform them that she lives with me in case of an additional flow of income on her end. Which I have done through a journal entry on my account.

My only issue is with the application itself and whether to add my wife to the “other people who live with you” section.

On the turn2us website, it states that If your partner is a person subject to immigration control you must claim Universal Credit as a single person.

I’m trying to be a bit thorough as I don’t want to make a mistake that will affect her immigration status. So, I tried to confirm this by calling the UC hotline and spoke to an advisor who told me to call an immigration officer and ask them the following :

1- Whether I should I keep my application as a single person if I live with my spouse?
2- Whether adding my spouse’s name to the application affect her immigration status?
3- Whether renting from a private landlord with both our names on the contract affect the claim and her immigration status?

Considering that my wife is a home taking care of our one-year-old.

I’m on a waiting list to speak to an immigration officer. But, I would prefer another view on the subject. Can someone please advise?

Thanks,

https://www.immigrationboards.com/claim ... 02126.html

[OB87]

Thanks for the reply @JB007

May I ask about the implications of my wife's name on the rental agreement? The UC advisor stated that there's a chance it could affect her immigration status.

How is this true when she is at home taking care of our daughter & has no other source of income?

[JB007]

Thanks for the reply @JB007

May I ask about the implications of my wife's name on the rental agreement? The UC advisor stated that there's a chance it could affect her immigration status.

How is this true when she is at home taking care of our daughter & has no other source of income?

Her source of income is either working, or you, her sponsor, keeping her. She can't take UK benefits for her income if she doesn't work.

From the links I gave above-

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.
https://www.turn2us.org.uk/Benefit-guid ... de-content

With Universal Credit and more than one name on the tenancy, they pay a propotion of the rent. e.g. 3 people on the tenancy and only one person with a Universa Credit claim, that person is given up to one third of the rent for their maximum UC calculation. With couples, as it says in the quote "your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK."

[JB007]

And from the link I referenced to the sticky.

Universal Credit: further information for couples

Updated 1 July 2020

1. Definition of a couple

The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

married to each other
civil partners of each other
living together as if they were married

2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.
...
https://www.gov.uk/government/publicati ... or-couples

Which means you must claim as couple, otherwise it would be benefit fraud if you claim as a single parent, but your wife must not take extra benefits through the claim.

One of the many changes with the Welfare Reforms laws,which have been going through parliament and testing for many years, was to ensure all migrant are now treated the same: those with Limited Leave to Remain cannot have public funds.

[JB007]

Council Tax Reduction is a "public fund" too.

As you know, the Council Tax bill is based on two people living at a property. A 25% single person reduction can reduce the bill if there is only one person liable for Council Tax at the property e.g. one adult a student and the other not, means the person who is not a student is liable for 100% of the bill, but they can then ask for the 25% single person reduction.

If you are claiming Council Tax Reduction from your local council, perhaps when you could ask about this too when you take take specialist immigration advice, to enssure you are not affecting her immigration status?