Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Wife no recourse to public funds- As a British Citizen can i Claim Universal Credit

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, geriatrix, John, ChetanOjha, archigabe

Post Reply
urprince
Newly Registered
Posts: 7
Joined: Sun Dec 18, 2011 7:47 pm
Location: LONDON

Wife no recourse to public funds- As a British Citizen can i Claim Universal Credit

Post by urprince » Sun Apr 07, 2019 12:33 pm

Hi,

I am British citizen and having 3 kids (all British). My wife is on dependent visa with "No Recourse to Pubic Funds" and due eligible for ILR in 5 months time. I was working full time untill last month but has to opted for part time due to some health issues.

This has prompted me to apply for Universal Credit. So far i was receiving tax credits and child benefit but due to my new circumstances i was advised to apply for universal credit by Citizen advice bureau. But in UC they want my partner details as well and i was a bit concerned that it will effect her ILR application in future because she has no recourse to public funds.

Spoke to UC helpline but they advise that i should add her detail as well in the UC claim. There is no other option and that makes me really confused what to do. Please give some advise what is best in my situation and legally what is the way forward. Your help will be much appreciated

Thanks

JB007
Member of Standing
Posts: 251
Joined: Sun Jan 20, 2019 2:14 pm

Re: Wife no recourse to public funds- As a British Citizen can i Claim Universal Credit

Post by JB007 » Sun Apr 07, 2019 3:11 pm

Child benefit is not being replaced by Univesal Credit and you can keep claiming that, in your name only.

Universal Credit: Some don't have any choice but for the Working Tax Credit benefit claim to to end and then have to apply for Universal Credit instead. Under the Welfare Reform laws, triggers, such as reducing working hours, will do that.

As the CAB would have explained to you, Universal Credit has much stricter rules. Your local CAB should be the ones who explain to you about claiming Universal Credit when somenody in your household has no recourse to public funds becasue we don't know.

You can't claim benefits as a single person, because that would be benefit fraud.

JB007
Member of Standing
Posts: 251
Joined: Sun Jan 20, 2019 2:14 pm

Re: Wife no recourse to public funds- As a British Citizen can i Claim Universal Credit

Post by JB007 » Sun Apr 07, 2019 3:31 pm

When I try to use a Universal Credit calculator and get to the part about a partner, it comes up with this-

"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.."

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

urprince
Newly Registered
Posts: 7
Joined: Sun Dec 18, 2011 7:47 pm
Location: LONDON

Re: Wife no recourse to public funds- As a British Citizen can i Claim Universal Credit

Post by urprince » Sun Apr 07, 2019 10:21 pm

Hi JB,

Thanks for your reply, any other opinions Plz

JB007
Member of Standing
Posts: 251
Joined: Sun Jan 20, 2019 2:14 pm

Re: Wife no recourse to public funds- As a British Citizen can i Claim Universal Credit

Post by JB007 » Wed Apr 24, 2019 7:55 am

urprince wrote:
Sun Apr 07, 2019 10:21 pm
Hi JB,

Thanks for your reply, any other opinions Plz
The latest from the benefit advice site, where they now open to a page where you can find an advisor if you have anyone in your household who cannot take public funds-

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."

BecomingIrishCitizen
Newly Registered
Posts: 17
Joined: Mon Apr 22, 2019 12:17 pm

Re: Wife no recourse to public funds- As a British Citizen can i Claim Universal Credit

Post by BecomingIrishCitizen » Wed Apr 24, 2019 10:43 am

Yes you can.

My husband has NRPF but he is still on my application as a joint account due to counting his income, but I only get the single claimant rate for myself as I am a British Citizen. I queried this with UC and they said you still have to add them on your application. They’ll assess it when your wife goes for the habitual test to check that she has a right to reside and live in UK.

Post Reply
cron