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

Hi,

So my wife's extension is due on 02nd Jan 2022 (first time). I am British born sponsor.

Due to the pandemic throughout 2020, I was barely getting any shifts from my zero hours contract employment. I had to claim Universal Credit (as a single person - never mentioned about my wife) to cover for my personal expenses as well as household expenses.

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. I received the U.C. statements outlining the payment and assessment dates. Frustrated, I have contacted Universal Credit so many times for them to amend my end date claim to 20th Dec 2020 (for which I said I will pay any overpayments between 20/12/2020 to 06/01/2021) but they hardly have co-operated and informed me that there's nothing they can do now.

Now, I intend to apply under Category B (12 months income starting from 21st December 2020) due to nature of my job (zero hours) for my wife's extension on or after 22nd December 2021 however, I am concerned that her extension application may be affected and be changed to 10 years rather than 5 years route because my Universal Credit claim ended on 06th January 2021 which will show up in my bank statements as well as ECO/caseworker will find out anyways if they call DWP or HMRC. We of course do not want to go through the 10 years route.

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 need to know what may happen to my wife's spousal visa extension application in terms of would it go to 5 years or 10 years route.

Please let me know when you can. Many thanks.

barokut wrote: ↑

Tue Jun 22, 2021 9:57 am

I had to claim Universal Credit (as a single person - never mentioned about my wife) to cover for my personal expenses as well as household expenses.

Why did you pretend to be single when your wife lived with you?!

1. Definition of a couple

The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

married to each other
civil partners of each other
living together as if they were married

2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

https://www.gov.uk/government/publicati ... or-couples

You’ll be asked during the application if you live with your partner
https://www.citizensadvice.org.uk/benef ... dit-claim/

No it's not pretend. U.C. said that I have to claim as single as my wife cannot get recourse to public funds. And before claiming U.C. I asked forums online such as this website if it is fine to claim as a single person, all have said it's fine. I have also found out that a joint claim must be made only for Child Tax Credit.

JB007 wrote: ↑

Tue Jun 22, 2021 10:17 am

barokut wrote: ↑

Tue Jun 22, 2021 9:57 am

I had to claim Universal Credit (as a single person - never mentioned about my wife) to cover for my personal expenses as well as household expenses.

Why did you pretend to be single when your wife lived with you?!

1. Definition of a couple

The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

married to each other
civil partners of each other
living together as if they were married

2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

https://www.gov.uk/government/publicati ... or-couples

See the post I've made before.
claiming-benefits/can-i-claim-jsa-and-o ... 79780.html

barokut wrote: ↑

Tue Jun 22, 2021 9:57 am

I had to claim Universal Credit (as a single person - never mentioned about my wife) to cover for my personal expenses as well as household expenses.

barokut wrote: ↑

Tue Jun 22, 2021 10:27 am

No it's not pretend. U.C. said that I have to claim as single as my wife cannot get recourse to public funds. And before claiming U.C. I asked forums online such as this website if it is fine to claim as a single person, all have said it's fine.

Here is the sticky on this board, which shows that you must mention your partner.
claiming-benefits/universal-credit-clai ... 02126.html

JB007 wrote: ↑

Tue Jun 22, 2021 10:25 am

You’ll be asked during the application if you live with your partner
https://www.citizensadvice.org.uk/benef ... dit-claim/

What did you put to that question on your Universal Credit application?

They (Citizens Advice) also explain that you must mention your partner to link her to your claim.

barokut wrote: ↑

Tue Jun 22, 2021 9:57 am

I have also found out that a joint claim must be made only for Child Tax Credit.

Universal Credit requires you to put your wife's details, that's how they link her income/capital/property/land in any country, to your household income. You can't claim as a single parent when you are not.

For the short-lived Tax Credit welfare benefit, you could claim extra benefit money (the second adult element) for a partner with No Recourse to Public Funds under Working Tax Credit, but only if there was a child.

Tax Credit has been replaced by Universal Credit.

JB007 wrote: ↑

Tue Jun 22, 2021 10:17 am

barokut wrote: ↑

Tue Jun 22, 2021 9:57 am

I had to claim Universal Credit (as a single person - never mentioned about my wife) to cover for my personal expenses as well as household expenses.

Why did you pretend to be single when your wife lived with you?!

1. Definition of a couple

The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

married to each other
civil partners of each other
living together as if they were married

2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

https://www.gov.uk/government/publicati ... or-couples

Did you read the rest of this link? Having established that you are a couple, it goes on to tell you how to complete a Universal Credit application as couple. Also stating "If one of you isn’t eligible, their capital and income may still be taken into account."

JB007 wrote: ↑

Tue Jun 22, 2021 10:49 am

barokut wrote: ↑

Tue Jun 22, 2021 9:57 am

I had to claim Universal Credit (as a single person - never mentioned about my wife) to cover for my personal expenses as well as household expenses.

barokut wrote: ↑

Tue Jun 22, 2021 10:27 am

No it's not pretend. U.C. said that I have to claim as single as my wife cannot get recourse to public funds. And before claiming U.C. I asked forums online such as this website if it is fine to claim as a single person, all have said it's fine.

Here is the sticky on this board, which shows that you must mention your partner.
claiming-benefits/universal-credit-clai ... 02126.html

JB007 wrote: ↑

Tue Jun 22, 2021 10:25 am

You’ll be asked during the application if you live with your partner
https://www.citizensadvice.org.uk/benef ... dit-claim/

What did you put to that question on your Universal Credit application?
I think I put I'm the only one who lives as advised by forums and U.C. My council knows that my wife lives with me as I added her name in my home. She has not been added as a joint tenant.

They (Citizens Advice) also explain that you must mention your partner to link her to your claim.

barokut wrote: ↑

Tue Jun 22, 2021 9:57 am

I have also found out that a joint claim must be made only for Child Tax Credit.

Universal Credit requires you to put your wife's details, that's how they link her income/capital.property/land in any country, to your household income. You can't claim as a single parent when you are not.

For the short-lived Tax Credit welfare benefit, you could claim extra benefit money (the second adult element) for a partner with No Recourse to Public Funds under Working Tax Credit but only if there was a child.

Tax Credit has been replaced by Universal Credit.

My wife does not have any income, capital property, etc. All of the websites and forums stated that I have to claim as a single parent if partner does not have access to public funds. The website here does not say I have to mention my wife in U.C. It just said that her income has to be taken into account. Nothing mentioned where I have to add her in my claim:

https://www.turn2us.org.uk/Benefit-guid ... ation-cont

Now that you're saying that I should've added her into my claim at the time, shall I inform U.C. now and let them know? Or will U.C. fine me for apparently false information?

JB007 wrote: ↑

Tue Jun 22, 2021 10:56 am

JB007 wrote: ↑

Tue Jun 22, 2021 10:17 am

barokut wrote: ↑

Tue Jun 22, 2021 9:57 am

I had to claim Universal Credit (as a single person - never mentioned about my wife) to cover for my personal expenses as well as household expenses.

Why did you pretend to be single when your wife lived with you?!

1. Definition of a couple

The Department for Work and Pensions counts 2 people as being in a couple if they live in the same household and are:

married to each other
civil partners of each other
living together as if they were married

2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

https://www.gov.uk/government/publicati ... or-couples

Did you read the rest of this link? Having established that you are a couple, it goes on to tell you how to complete a Universal Credit application as couple. Also stating "If one of you isn’t eligible, their capital and income may still be taken into account."

I see. No-one has told me this when I raised the question back in 2019. Now I'm not sure if I should call U.C. and let them know or it's too late?

barokut wrote: ↑

Tue Jun 22, 2021 10:49 am

See the post I've made before.
claiming-benefits/can-i-claim-jsa-and-o ... 79780.html

Where I gave you this link to Universal Credit
https://www.gov.uk/universal-credit
that states-

If you live with your partner

Your partner’s income and savings will be taken into account, even if they are not eligible for Universal Credit.
https://www.gov.uk/universal-credit/eligibility

How do you think they can take your partner's income and savings into account if you stated in your application that you didn't have a partner ?

JB007 wrote: ↑

Tue Jun 22, 2021 11:11 am

barokut wrote: ↑

Tue Jun 22, 2021 10:49 am

See the post I've made before.
claiming-benefits/can-i-claim-jsa-and-o ... 79780.html

Where I gave you this link to Universal Credit
https://www.gov.uk/universal-credit
that states-

If you live with your partner

Your partner’s income and savings will be taken into account, even if they are not eligible for Universal Credit.
https://www.gov.uk/universal-credit/eligibility

How do you think they can take your partner's income and savings into account if you stated that you didn't have a partner in your application?

Then I think I should call U.C. now and inform them. They may fine me for (according to their side) false information but I've done what I've been told on forums and directly from U.C. themselves. Otherwise had I know about what you just told me, I of course would've mentioned to U.C.

barokut wrote: ↑

Tue Jun 22, 2021 11:02 am

I see. No-one has told me this when I raised the question back in 2019.

I gave you the Universal Credit link in your thread, that clearly showed that you must claim as a couple.
claiming-benefits/can-i-claim-jsa-and-o ... 79780.html

barokut wrote: ↑

Tue Jun 22, 2021 11:02 am

Now I'm not sure if I should call U.C. and let them know or it's too late?

Too late? There is no time limit for the benefits departments to catch those who did not give the correct details and they have a duty to the taxpayers to do this. People are reporting on forums that they have been contacted for benefit claims they made decades ago. In my own personal opinion, it's aways best to contact benefit departments before they contact you.

Because of the pandemic, money was given to all those that requested it and there wasn't time to check the flood of claims, but they are backchecking now. Government departments share information.

JB007 wrote: ↑

Tue Jun 22, 2021 11:24 am

barokut wrote: ↑

Tue Jun 22, 2021 11:02 am

I see. No-one has told me this when I raised the question back in 2019.

I gave you the Universal Credit link in your thread, that clearly showed that you must claim as a couple.
claiming-benefits/can-i-claim-jsa-and-o ... 79780.html

barokut wrote: ↑

Tue Jun 22, 2021 11:02 am

Now I'm not sure if I should call U.C. and let them know or it's too late?

Too late? There is no time limit for the benefits departments to catch those who did not give the correct details and they have a duty to the taxpayers to do this. People are reporting on forums that they have been contacted for benefit claims they made decades ago. In my own personal opinion, it's always best to contact benefit departments before they contact you.

Because of the pandemic, money was given to all those that requested it and there wasn't time to check the flood of claims, but they are backchecking now. Government departments share information.

Okay. Thanks for letting me know. Helped a lot. Even though my U.C. claim has ended, I don't think they will add her name unless I reopen my Universal Credit claim for which I won't as I'm worried her spousal visa extension on a 5 year route will be affected. So what should I do in this case?

Also, my original question wasn't answered. Please let me know if you can answer it. Many thanks.

barokut wrote: ↑

Tue Jun 22, 2021 11:16 am

Then I think I should call U.C. now and inform them. They may fine me for (according to their side) false information but I've done what I've been told on forums and directly from U.C. themselves. Otherwise had I know about what you just told me, I of course would've mentioned to U.C.

You chose to believe people who said to not mention your wife? Even though in April 2019 I gave you the gov.uk link that showed you did have to mention your wife?

You haven't answered this below yet.

JB007 wrote: ↑

Tue Jun 22, 2021 10:49 am

JB007 wrote: ↑

Tue Jun 22, 2021 10:25 am

You’ll be asked during the application if you live with your partner
https://www.citizensadvice.org.uk/benef ... dit-claim/

What did you put to that question on your Universal Credit application?

JB007 wrote: ↑

Tue Jun 22, 2021 11:37 am

barokut wrote: ↑

Tue Jun 22, 2021 11:16 am

Then I think I should call U.C. now and inform them. They may fine me for (according to their side) false information but I've done what I've been told on forums and directly from U.C. themselves. Otherwise had I know about what you just told me, I of course would've mentioned to U.C.

You chose to believe people who said to not mention your wife? Even though in April 2019 I gave you the gov.uk link that showed you did have to mention your wife?

You haven't answered this below yet.

JB007 wrote: ↑

Tue Jun 22, 2021 10:49 am

JB007 wrote: ↑

Tue Jun 22, 2021 10:25 am

You’ll be asked during the application if you live with your partner
https://www.citizensadvice.org.uk/benef ... dit-claim/

What did you put to that question on your Universal Credit application?

Oh right, I put as Single claimant and I think I put that I'm the only one who lives in the house. And you're right, I should've mentioned her name, but didn't.

barokut wrote: ↑

Tue Jun 22, 2021 11:36 am

Even though my U.C. claim has ended, I don't think they will add her name unless I reopen my Universal Credit claim for which I won't as I'm worried her spousal visa extension on a 5 year route will be affected. So what should I do in this case?

You didn't take any extra money for your wife and therefore she did not take public funds.

You still haven't answered the question, but did you state on your UC application that you did not have a partner, when you did have have a partner?

barokut wrote: ↑

Tue Jun 22, 2021 11:36 am

Also, my original question wasn't answered. Please let me know if you can answer it. Many thanks.

I don't know the answer to that.

I did ask on your April 2019 thread "How did you meet the financial requirment to sponsor your wife? Savings?"
claiming-benefits/can-i-claim-jsa-and-o ... 79780.html

barokut wrote: ↑

Tue Jun 22, 2021 11:42 am

Oh right, I put as Single claimant and I think I put that I'm the only one who lives in the house. And you're right, I should've mentioned her name, but didn't.

Just seen your reply. So you claimed benefits as a single person/parent? It's pointless trying to blame forums/others for you putting this on a benefit application: the UC question is very clear when it asks if you have a partner.

The DWP have many ways to check, including using credit footprints to catch those who claim they are single.

I hope you have told your council tax office that your wife lives there.

JB007 wrote: ↑

Tue Jun 22, 2021 11:47 am

barokut wrote: ↑

Tue Jun 22, 2021 11:36 am

Even though my U.C. claim has ended, I don't think they will add her name unless I reopen my Universal Credit claim for which I won't as I'm worried her spousal visa extension on a 5 year route will be affected. So what should I do in this case?

You didn't take any extra money for your wife and therefore she did not take public funds.

You still haven't answered the question, but did you state on your UC application that you did not have a partner, when you did have have a partner?

barokut wrote: ↑

Tue Jun 22, 2021 11:36 am

Also, my original question wasn't answered. Please let me know if you can answer it. Many thanks.

I don't know the answer to that.

I did ask on your April 2019 thread "How did you meet the financial requirment to sponsor your wife? Savings?"
claiming-benefits/can-i-claim-jsa-and-o ... 79780.html

To answer the first question, I can't remember what I put in the UC application as it was done back in 2019 but most likely, I've put (on the advice of U.C. themselves over the phone) that I do not have a partner. UC agent said that had I put that I had a partner, then their system may accidentally pay my wife's personal allowance when she's not eligible.

Regards to "How did you meet the financial requirment to sponsor your wife? Savings?", I didn't understand fully about that question. I met her income when I had a permanent job with £19k annual income. I left it due to differences with the manager. I then went onto NHS zero hours contract and around mid 2019, claimed UC.

JB007 wrote: ↑

Tue Jun 22, 2021 11:58 am

barokut wrote: ↑

Tue Jun 22, 2021 11:42 am

Oh right, I put as Single claimant and I think I put that I'm the only one who lives in the house. And you're right, I should've mentioned her name, but didn't.

Just seen your reply. So you claimed benefits as a single person/parent? It's pointless trying to blame forums/others for you putting this on a benefit application: the UC question is very clear when it asks if you have a partner.

The DWP have many ways to check, including using credit footprints to catch those who claim they are single.

I hope you have told your council tax office that your wife lives there.

Yes, it is pointless to blame others. I took advice from UC agent themselves as well as forums. From forums alone I wouldn't make a decision. I should've also checked with my solicitor.

Also, I assumed my landlord would notify my council about another adult living in my home (my wife). I checked my Council Tax statement just now and found that a single person reduction has been put. I am shocked up until now, Council tax department are not aware that my wife has been living with me since 2019. This would mean I'll have to write a letter to inform them as well as paying any payments due which I don't mind.

barokut wrote: ↑

Tue Jun 22, 2021 12:41 pm

Yes, it is pointless to blame others. I took advice from UC agent themselves as well as forums. From forums alone I wouldn't make a decision. I should've also checked with my solicitor.

Also, I assumed my landlord would notify my council about another adult living in my home (my wife). I checked my Council Tax statement just now and found that a single person reduction has been put. I am shocked up until now, Council tax department are not aware that my wife has been living with me since 2019. This would mean I'll have to write a letter to inform them as well as paying any payments due which I don't mind.

You should have checked the government link on Universal Credit for couples.

It's your council tax bill, so it's up to you to inform them if this is wrong. You get a new council tax bill every year and that 25% single person will have been on there too.

Sort a repayment plan out with them. They are much more likley to believe it was an accident/whatever creditable story you can think of for your error, if you go to them, rather than you wait for an IUC (interview under caution) letter.

The same with UC with you claiming as a single, set the record straight.

There is always disbelief when peole get caught as they don't seem to realise all the checks councils and benefit agencies are allowed now, or that there is no time limit to getting the taxpayers money back. If they suspect fraud, they then have further powers to check e.g. bank statements, which country they are really living in etc.

barokut wrote: ↑

Tue Jun 22, 2021 11:36 am

To answer the first question, I can't remember what I put in the UC application as it was done back in 2019 but most likely, I've put (on the advice of U.C. themselves over the phone) that I do not have a partner. UC agent said that had I put that I had a partner, then their system may accidentally pay my wife's personal allowance when she's not eligible.

If that had happened you would have seen it on your UC online claim and could then put a note in your UC journal saying that you told them your wife was subject to immigration control (no recourse to public funds).

UC could then take that money back and make sure they didn't pay it again. Your wife would have written proof for UKVI that she told the DWP that she could not have public funds, that it was the DWP error and that the money was paid back. 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.

JB007 wrote: ↑

Tue Jun 22, 2021 1:14 pm

barokut wrote: ↑

Tue Jun 22, 2021 12:41 pm

Yes, it is pointless to blame others. I took advice from UC agent themselves as well as forums. From forums alone I wouldn't make a decision. I should've also checked with my solicitor.

Also, I assumed my landlord would notify my council about another adult living in my home (my wife). I checked my Council Tax statement just now and found that a single person reduction has been put. I am shocked up until now, Council tax department are not aware that my wife has been living with me since 2019. This would mean I'll have to write a letter to inform them as well as paying any payments due which I don't mind.

You should have checked the government link on Universal Credit for couples.

It's your council tax bill, so it's up to you to inform them if this is wrong. You get a new council tax bill every year and that 25% single person will have been on there too.

Sort a repayment plan out with them. They are much more likley to believe it was an accident/whatever creditable story you can think of for your error, if you go to them, rather than you wait for an IUC (interview under caution) letter.

The same with UC with you claiming as a single, set the record straight.

There is always disbelief when peole get caught as they don't seem to realise all the checks councils and benefit agencies are allowed now, or that there is no time limit to getting the taxpayers money back. If they suspect fraud, they then have further powers to check e.g. bank statements, which country they are really living in etc.

I see. Yeah I'll call up my council to setup a repayment plan. I have a genuine credible story which is that I assumed my landlord would let the Council tax department know as soon as I told my landlord that my wife lives with me since 2019.

With U.C. , I will inform them too. Both of them in writing I think it's better this way rather than phone as I know now, sometimes people on the phone or in person say one thing but it turns out to be wrong.

JB007 wrote: ↑

Tue Jun 22, 2021 1:33 pm

barokut wrote: ↑

Tue Jun 22, 2021 11:36 am

To answer the first question, I can't remember what I put in the UC application as it was done back in 2019 but most likely, I've put (on the advice of U.C. themselves over the phone) that I do not have a partner. UC agent said that had I put that I had a partner, then their system may accidentally pay my wife's personal allowance when she's not eligible.

If that had happened you would have seen it on your UC online claim and could then put a note in your UC journal saying that you told them your wife was subject to immigration control (no recourse to public funds).

UC could then take that money back and make sure they didn't pay it again. Your wife would have written proof for UKVI that she told the DWP that she could not have public funds, that it was the DWP error and that the money was paid back. 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.

I see. I did not realise that. Well at least thankfully she didn't get any public funds at all which is good. But yh, everything else I messed up. Going to rectify them all soon.

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

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.