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claiming benefit while wife in spouse visa

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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MohsenOR
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Posts: 2
Joined: Sat Aug 06, 2022 10:31 am
Iran

claiming benefit while wife in spouse visa

Post by MohsenOR » Tue Feb 21, 2023 10:00 pm

Hi there,

My wife is on a spouse visa and we going to renew her visa in 2 months time.

I lost my job last month and the bills are really hurting me at the moment.

I need to rely on UC for the moment but am worried that will affect my wife's leave renewal.

could you please advise me if my claim benefit affects my wife's visa renewal?

Thank you in advance

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: claiming benefit while wife in spouse visa

Post by JB007 » Wed Feb 22, 2023 10:56 am

MohsenOR wrote:
Tue Feb 21, 2023 10:00 pm
Hi there,

My wife is on a spouse visa and we going to renew her visa in 2 months time.

I lost my job last month and the bills are really hurting me at the moment.

I need to rely on UC for the moment but am worried that will affect my wife's leave renewal.

could you please advise me if my claim benefit affects my wife's visa renewal?

Thank you in advance
It won't affect your wife's visa as long as you don't take extra public funds for her via your claim.

You can claim UC as you can have Public Funds, but you can't take anything extra for those who are No Recourse to Public Funds. However, your wife will have to be linked to your claim as her salary and any capital will reduce your monthly UC payment.

Carefully read the stickly at the top of this board and all the links in that thread, to make sure you don't accidently take extra public funds for those who are NRPF.
claiming-benefits/universal-credit-clai ... 02126.html

Note from those links that :-

-unlike the welfare benefits Universal Credit replaces, on Universal Credit, taking benefit money towards rent when the tenancy is in joint names, can mean your wife is taking public fuynds. The advice is take immigration legal advice before claiming.
- if you ask for the public fund Council Tax Reduction/Allowance (used to be called Council Tax Benefit before the Welfare Reform Acts) you can also end up taking money for your NRPF wife. Again, you will need immigration legal advice before claiming public funds.

Amber
Moderator
Posts: 17456
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: claiming benefit while wife in spouse visa

Post by Amber » Sat Mar 04, 2023 5:10 am

Can you still meet the requirements for further leave? Your spouse’s route to settlement may change to a 10 year route if you can’t. If you apply on the basis of private/family life you could request access to public funds for your spouse you could also apply for a fee waiver when extending.
**this forum is not intended to be a substitute for professional advice**
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