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Universal credit - wife on FLR FP visa10 year route

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

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Sal86
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Universal credit - wife on FLR FP visa10 year route

Post by Sal86 » Fri Mar 23, 2018 11:25 am

Hi All,
Im a British citizen so my two kids, My wife is on
FLR FP visa 10 years route and on her BRP card it says no recourse to public funds. On citizen advice beaureau website it says apply single parent application if partner subbect to immigration control and with universal credit there is no option to apply single parent application if living with partner. Can experts please help me to clarify quetions below.

1.is my wife with Flr fp visa - subject to immigration control?
2. If I apply universal credit including her in my claim - am I risking her immigration status or wont be able to extend her visa?
3. Is there any option to swith Flr Fp first from 10 years to 5 year route.

Thank you in advance
Sal

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CR001
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Re: Universal credit - wife on FLR FP visa10 year route

Post by CR001 » Fri Mar 23, 2018 12:08 pm

1.is my wife with Flr fp visa - subject to immigration control?
Yes.
2. If I apply universal credit including her in my claim - am I risking her immigration status or wont be able to extend her visa?
Yes, it can affect her visa.
3. Is there any option to swith Flr Fp first from 10 years to 5 year route.
If she qualifies but she still cannot claim benefits and will still be subject to immigration control and no recourse to public funds.
Char (CR001 not Casa)
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Sal86
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Re: Universal credit - wife on FLR FP visa10 year route

Post by Sal86 » Fri Mar 23, 2018 12:33 pm

Thank for your response. I was just reading on public funds guide on page 18 as below.

page tells you about exceptions to claiming public funds that may apply because of the nationality of a person’s family member.
A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds they are entitled to.
Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for most tax credits purposes, neither are treated as being subject to immigration control. See related link: Child tax credit and working tax credit: exceptions, Exception 5 for further detail.
A person subject to immigration control can claim certain public funds when they have a right to reside in the UK if they live with a family member who is a:
• British citizen
• national of a country in the European Economic Area (EEA)
For more information on the funds an EEA national can claim and a list of EEA countries, see related link: Public funds EEA nationals can claim.

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Re: Universal credit - wife on FLR FP visa10 year route

Post by CR001 » Fri Mar 23, 2018 12:41 pm

Tax credits joint yes. Any other benefits in your name only.
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Re: Universal credit - wife on FLR FP visa10 year route

Post by Sal86 » Fri Mar 23, 2018 2:49 pm

Thank you, as universal credit already rolled out in my area. HMRC refuses to send tax credit form. Is there no other way apply benefit support?

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Re: Universal credit - wife on FLR FP visa10 year route

Post by Sal86 » Thu Apr 05, 2018 8:44 am

Any experts, can you please answer my above question?

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Re: Universal credit - wife on FLR FP visa10 year route

Post by swagkk » Thu May 03, 2018 2:04 pm

your case is same as mine my husband in on 2.5 year visa with condition no resource to public fund and working full time and im British citizen + stay at home mom we have one 6 years old and 1 is 2 years old child we are getting universal credit even before we got tax credit n i got working tax credit on my husband behalf now we are on UC n we have online account and both our name are on UC and before applying they took copy of my husbands BRP which clearly said no resource to public fund and i confirm it with them and they said it written on ur UC case that those benefits are for you as a British citizen and nothing to do with your husband status. thats it, its my situation if it help you in any way ...
Thanks

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Re: Universal credit - wife on FLR FP visa10 year route

Post by Younaf » Tue May 29, 2018 3:38 pm

swagkk wrote:
Thu May 03, 2018 2:04 pm
your case is same as mine my husband in on 2.5 year visa with condition no resource to public fund and working full time and im British citizen + stay at home mom we have one 6 years old and 1 is 2 years old child we are getting universal credit even before we got tax credit n i got working tax credit on my husband behalf now we are on UC n we have online account and both our name are on UC and before applying they took copy of my husbands BRP which clearly said no resource to public fund and i confirm it with them and they said it written on ur UC case that those benefits are for you as a British citizen and nothing to do with your husband status. thats it, its my situation if it help you in any way ...
Thanks

Thank you for sharing your experience,

I have similar situation, I am on 2.5 yrs flr fp. with no public funds access, and my partner holds ILR and she is stay at home mum of our 3 British children, we have child tax credit in both our names because HMRC wanted to get my information of earnings even though my partner is the claimant. Similarly we get Housing benefit and it is under my partner s name only. However local authority asked me to provide my work details i.e. payslips, bank statements contract for employment.

Applying for extension of FLR FP in June 2018, will claiming such benefit jeopardize my Visa?

Please share your experience.

Jennyrii
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Re: Universal credit - wife on FLR FP visa10 year route

Post by Jennyrii » Fri Apr 05, 2019 11:28 am

In the same situation just want to know if the application went well 8)

shan101
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Re: Universal credit - wife on FLR FP visa10 year route

Post by shan101 » Mon Apr 15, 2019 3:43 am

swagkk wrote:
Thu May 03, 2018 2:04 pm
your case is same as mine my husband in on 2.5 year visa with condition no resource to public fund and working full time and im British citizen + stay at home mom we have one 6 years old and 1 is 2 years old child we are getting universal credit even before we got tax credit n i got working tax credit on my husband behalf now we are on UC n we have online account and both our name are on UC and before applying they took copy of my husbands BRP which clearly said no resource to public fund and i confirm it with them and they said it written on ur UC case that those benefits are for you as a British citizen and nothing to do with your husband status. thats it, its my situation if it help you in any way ...
Thanks
I have almost similar situation, I got ILR about 6 months ago and my 3 years old is British Citizen, my wife applied for FLR (FP) and her case is still pending. she was my PBS dependent before. I am not getting any benefits and the moment except child benefit. Now I am thinking to apply for tax credit through UC but dont want housing benefit. Could you please tell me how I can skip housing benefits while applying for UC.
Did you mention to them regarding the immigration status of your partner over the phone/online or at interview. And what type of questions asked during interview. did both of you attended an interview if there was any.
I would be helpful if you could please reply in details.
Many Thanks
shan
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Re: Universal credit - wife on FLR FP visa10 year route

Post by JB007 » Mon Apr 15, 2019 8:12 am

shan101 wrote:
Mon Apr 15, 2019 3:43 am
I got ILR about 6 months ago and my 3 years old is British Citizen, my wife applied for FLR (FP) and her case is still pending. she was my PBS dependent before. I am not getting any benefits and the moment except child benefit. Now I am thinking to apply for tax credit through UC but dont want housing benefit. Could you please tell me how I can skip housing benefits while applying for UC.
There is noTax Credit element of Universal Credit because the Tax Credit benefit has ended. Universal Credit has different rules, requirements and payment amounts.

You can read how Universal Credit works here.
https://www.gov.uk/universal-credit/what-youll-get

This is a Universal Credit benefit calculator. You cannot claim as a single parent when you are not, to avoid the question about your wife who cannot have UK benefits, as that would be benefit fraud.
https://benefits-calculator.turn2us.org ... aign=GovUK

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