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Will my partner spouse visa be affected if I was on Universal Credit?

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

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

Re: Will my partner spouse visa be affected if I was on Universal Credit?

Post by JB007 » Tue Jun 22, 2021 5:14 pm

barokut wrote:
Tue Jun 22, 2021 2:14 pm
JB007 wrote:
Tue Jun 22, 2021 1:52 pm
JB007 wrote:
Tue Jun 22, 2021 1:33 pm
As long as she had the proof she told the DWP she was under immigration control but they still paid it, it will not affect her visa. She would still be required to pay this money back.
Page 34
https://www.gov.uk/government/publications/public-funds
An application for permission to stay should not be refused if:
•an applicant has received public funds as the result of an administrative error
I asked a question and you have helped me so much on what I've messed up. Fortunately, it's not too late and I have the chance right here and now to call DWP and my local local Council Tax Department to rectify. I give many thanks to you. And I have opened a forum elsewhere today on a different website with the same original question. I have been told that my Universal Credit claim for me should not affect my wife's spousal visa as it's my right to claim and U.C. does not fall under qualifying benefit which makes me exempt from meeting financial requirement (my wage will still be above £18.6k by Dec 2021). But I left U.C. just to be on the safe side in case my wife is put onto 10 year route which is what we don't want.
You're welcome.

You are correct that it is not too late to sort out your Council Tax repayment and your last UC claim details.

Also correct that UC is not a quallfying benefit to be exempt from the the 18,600 financial requirement.

If your salary is still low enough to have Universal Credit, then you should claim it. Just make sure you add your NRPF wife this time and then make sure you don't get given any UC money for her. https://www.gov.uk/government/publicati ... or-couples

I'm not sure if you can make a rapid UC reclaim or not; ask the DWP when you phone them to correct your last UC claim (add your NRPF wife's details).

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

Re: Will my partner spouse visa be affected if I was on Universal Credit?

Post by JB007 » Tue Jun 22, 2021 5:27 pm

barokut wrote:
Tue Jun 22, 2021 9:57 am
On December 2020, I received a call from my employer that I can work for shifts on a regular basis. I called Universal Credit department telling them to end my claim for 20th December 2020 as I have been told to start my work on 21st December 2020. Since then, I have been working on my shifts.

However, Universal Credit didn't bother ending my claim as they were apparently too busy and they ended on my monthly assessment period date, 06th January 2021 instead. This is when my U.C. claim has ended.
UC is based on the assessment period (the claimants monthly date). Unlike the old Housing Benefit, where a claim ended on the day the claimant started work, UC is based on the income you received on your assessment date. In other words, they will keep paying the rent element of UC until you are paid.

Each time you are paid, your employer informs HMRC on the RTI (Real Time Information) system. HMRC advise the DWP (who run Universal Credit) for UC claims.

UC is based on getting people back to work. Ending money for rent on the day they started work (as Housing Benefit did) was not helpful for those who had very little money and could not afford their rent until they were paid. UC has replaced HB.

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

Re: Will my partner spouse visa be affected if I was on Universal Credit?

Post by JB007 » Tue Jun 22, 2021 5:37 pm

JB007 wrote:
Tue Jun 22, 2021 5:27 pm
In other words, they will keep paying the rent element of UC until you are paid.
I meant they will keep paying UC until the claimant is paid. There is no "sudden death" (benefits just ending) for Universal Credit, as there was with Income Based JSA and Housing Benefit.

UC works on how much money you have for that assessment period. It could be that even working, they can still continue to some Universal Credit money, this is because of the UC taper.

Parents have a UC Work Allowance, earnings that are discounted.

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

Re: Will my partner spouse visa be affected if I was on Universal Credit?

Post by JB007 » Tue Jun 22, 2021 5:52 pm

You can read how Universal Credit works.
https://www.moneyadviceservice.org.uk/e ... troduction

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

Re: Will my partner spouse visa be affected if I was on Universal Credit?

Post by JB007 » Tue Jun 22, 2021 6:20 pm

barokut wrote:
Tue Jun 22, 2021 9:57 am
For my wife's spousal visa application made back in January 2019, I have got it done through an immigration solicitors and I don't know if he has signed any SU07 form. He has done the application online at the time but I think he may have signed SU07 form as well.
I have just looked up what a SU07 is, a maintenance undertaking? Why would you sign that on a spouse visa?

Is that what you were worried about with you claiming Universal Credit?

Someone with NRPF cannot take Public Funds until they have ILR. A person on a Maintenance Undertaking cannot take Public Funds for 5 years.

Some benefits are not public funds and are contribution based
https://www.gov.uk/government/publicati ... blic-funds

e.g. somebody who has NRPF can claim New Style JSA if they lose their job and if they have paid type 1 NI over the past two relevant tax years. That is not Public Funds.
Somebody who has a Maintance Undertaking can also claim the same benefit, but that money can be claimed back from the sponsor who gave the Maintance Undertaking it seems.
Bottom or page 17 and page 18
https://www.gov.uk/government/publications/public-funds

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

Re: Will my partner spouse visa be affected if I was on Universal Credit?

Post by JB007 » Tue Jun 22, 2021 6:28 pm

The only warning on Universal Credit, is for those who have a joint tenancy.
https://www.turn2us.org.uk/Benefit-guid ... de-content

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