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Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Questions and discussions about claiming benefits while living and working in the UK

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barokut
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Joined: Wed Nov 08, 2017 11:14 pm

Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by barokut » Mon Apr 22, 2019 2:02 am

Hi,

Long story short.

Wife's visa has just been accepted.
Been working for NHS for 3 years but I'm one of those who's shift will be reduced to part time after 2 months.

Just wondering, after 2 months, can I claim Housing Benefit under my name until I look for a full time job? If so, would this affect my wife's spousal visa after 2.5 years when it comes to renew it whilst by default she's on a probationary period?

Because I remember I signed the SU07 Sponsorship Declaration form confirming that my wife should have no access to public funds throughout the probationary period. Just wondering if that applies to me too.

Just don't want to make a mistake which results in affecting her visa renewal.

JB007
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Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by JB007 » Mon Apr 22, 2019 8:53 am

barokut wrote:
Mon Apr 22, 2019 2:02 am


Long story short.

Wife's visa has just been accepted.
Been working for NHS for 3 years but I'm one of those who's shift will be reduced to part time after 2 months.

Just wondering, after 2 months, can I claim Housing Benefit under my name until I look for a full time job?
How did you meet the financial requirment to sponsor your wife? Savings?

JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by JB007 » Mon Apr 22, 2019 9:01 am

Your title talks about claiming JSA. If you have been working for the relevant tax years you can claim New Style JSA, the new name for what was called Contribution Based JSA.

As that is based on working contributions, it's not means tested and does not take into account your or your wife's savings, capital, your wife's salary. You claim in your name, cannot take extra for a spouse that cannot have public funds and is limited to 6 months.

JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by JB007 » Mon Apr 22, 2019 9:46 am

JB007 wrote:
Mon Apr 22, 2019 9:01 am
Your title talks about claiming JSA. If you have been working for the relevant tax years you can claim New Style JSA, the new name for what was called Contribution Based JSA.

As that is based on working contributions, it's not means tested and does not take into account your or your wife's savings, capital, your wife's salary. You claim in your name, cannot take extra for a spouse that cannot have public funds and is limited to 6 months.
If you still have your permanent job in retail and your NHS admin job is still the zero hour contract job, you won't be able to claim New Style JSA because you will have too much money to be given JSA benefits.

Is this why you were talking about claiming in 2 months? They will sanction you for 3 months if you give up work and they can request all your bank statements going back months

barokut
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Posts: 34
Joined: Wed Nov 08, 2017 11:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by barokut » Mon Apr 22, 2019 9:29 pm

I see.

For my retail job, my manager informed me that they're closing down in a few months time but they intend to transfer me to another branch. However, that's all the way in Portsmouth and I live in London. Hence I'm solely going to rely on my NHS zero hour contract job but I won't get regular shifts like I used to before I secured my retail job. This would mean my income on average would be much lower that's why I wanted to plan ahead and look for a permanent NHS job in London. Btw, I still got taxed and had to pay NI Contributions for my NHS zero hour contract job too as well as my retail role.

And as of now, I don't have a lot of money left as I've spent on visa applications and preparations including solicitors fees.

Surely they (DWP) should see that I'm eligible for JSA and even if they sanction me for 3 months, I'll use my credit cards to help myself throughout.

barokut
Newbie
Posts: 34
Joined: Wed Nov 08, 2017 11:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by barokut » Mon Apr 22, 2019 9:30 pm

JB007 wrote:
Mon Apr 22, 2019 9:01 am
Your title talks about claiming JSA. If you have been working for the relevant tax years you can claim New Style JSA, the new name for what was called Contribution Based JSA.

As that is based on working contributions, it's not means tested and does not take into account your or your wife's savings, capital, your wife's salary. You claim in your name, cannot take extra for a spouse that cannot have public funds and is limited to 6 months.

I see. So if I claim JSA, I'm only limited to claiming it for 6 months, am I right? That should give me enough time to look for a permanent NHS job elsewhere.

JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by JB007 » Tue Apr 23, 2019 5:49 am

barokut wrote:
Mon Apr 22, 2019 9:30 pm
I see. So if I claim JSA, I'm only limited to claiming it for 6 months, am I right? That should give me enough time to look for a permanent NHS job elsewhere.
They sanction JSA for 3 months if you give up work, or did something to get yourself fired (they check). If you lose your job, they will give you JSA. Do you realise that JSA is only £73.10 a week? You might not get the choice of just looking for NHS jobs.

How much does your wife earn? Can she support you while you look for more work?

JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by JB007 » Tue Apr 23, 2019 6:19 am

barokut wrote:
Mon Apr 22, 2019 9:30 pm
So if I claim JSA, I'm only limited to claiming it for 6 months, am I right?
Partly. New Style JSA is a maximum of 6 months. As that is a Contribuiton Based benefit, they won't take into account your wife's salary, any savings you both have, any capital. If you still haven't found a job by that 6 months, you can apply for the means tested job seeking element of Universal Credit, which will take into account your wife's salary, your joint savings, capital.

You can also apply for low income benefits while you claim New Style JSA.


Universal Credit is the means tested benefit that has replaced six low income benefits
Child Tax Credit
Housing Benefit
Income Support
income-based Jobseeker’s Allowance (JSA)
income-related Employment and Support Allowance (ESA)
Working Tax Credit



You will have to check if a Universal Credit claim might affect your wife who has No Recourse to Public Funds.

JB007
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Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by JB007 » Tue Apr 23, 2019 6:26 am


JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by JB007 » Tue Apr 23, 2019 6:34 am

https://benefits-calculator.turn2us.org.uk/AboutYou



"If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

You should seek specialist advice before going any further if you, your partner or child have Limited Leave to Enter or Remain. Use our find an adviser tool (opens in a new window).

Our benefits information for Migrants (opens in a new window) may be helpful."

JB007
Member of Standing
Posts: 254
Joined: Sun Jan 20, 2019 2:14 pm

Re: Can I claim JSA and/or Housing Benefits while wife is on Spouse visa?

Post by JB007 » Tue Apr 23, 2019 6:45 am

You can apply to your council for a reduction in council tax when you and your wife are low income, but each council decides for themeselves if they will give that and what any reduction might be. However, as you can see from the link above, this is a Public Fund and your wife must not take this.

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