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Claiming UC and child benefit, wife and one kid on visa

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

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Guy121
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Posts: 10
Joined: Sat Jun 08, 2019 4:35 pm
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Claiming UC and child benefit, wife and one kid on visa

Post by Guy121 » Sat Jun 08, 2019 4:54 pm

Dear all,

I have a question if you can help.

I am British citizen and my son is a British citizen too ( he was born abroad AFTER my citizenship).
However my wife and a daughter are on visa as my dependants in UK.

I have started claiming UC and child benefit as could not survive anymore without it. Their first extention is due in June 2020. I dont think I can go off benefits before that as have recently started my own business and it can take some time now when I can go off benefits.

What can happen when their extention is applied and I dont earn enough to meet Home office financial requirements and instead claim benefits.

Do they refuse spouse visa extentions in such circumstances ( bearing also in mind we have a 3 year old son who is British)?

Thanks in advance for your advice.

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

Re: Claiming UC and child benefit, wife and one kid on visa

Post by JB007 » Sat Jun 08, 2019 6:49 pm

Guy121 wrote:
Sat Jun 08, 2019 4:54 pm


I have started claiming UC and child benefit as could not survive anymore without it. Their first extention is due in June 2020. I dont think I can go off benefits before that as have recently started my own business and it can take some time now when I can go off benefits.
You won't have the choice of staying on benefits because the welfare state will no longer support a new business past 12 months. Claimiants have a time limit of 5 years before they can start another new business and use that to claim full benefits again for another 12 months. Universal Credit is nothing like the Tax Credit benefit that UC replaces, where a claimant could say they are SE and then claim low income benefits for years, without ever needing to go to the job centre or having to grow their business.

On UC, after your first 12 months your low income benefit claim will be based on what is called your Minimum Income Floor - what a person working 35 hours a week on the minimum hourly wage would earn, even if you don't earn that much. You might need to take another job to top up your income.

If you earn more than your MIF, your claim will be based on that.

You will also be required to go the job centre when told, so that they can look at your books.
Guy121 wrote:
Sat Jun 08, 2019 4:54 pm
What can happen when their extention is applied and I dont earn enough to meet Home office financial requirements and instead claim benefits.
Your wife can use her wages for her and your daughter's financial requirment for visas. What is your wife's salary?

It doesn't seem like the best time to go self employed wtih a busiuness that cannot support your family now, or in the near futrure, and with the need to meet financial requirments for 2 visas and pay for these visas and Immigration Health Surcharge for both of them until they have ILR. You might get the 10 year route for them but that still requires fees and the IHS to be paid, for much longer.

Guy121
Newly Registered
Posts: 10
Joined: Sat Jun 08, 2019 4:35 pm
Mood:

Re: Claiming UC and child benefit, wife and one kid on visa

Post by Guy121 » Sun Jun 09, 2019 4:32 pm

JB007, thank you very much for such a detailed reply. Really appreciated.

My wife does not work currently so no wages. If we do not meet their financial requirments on first extension, but then on second extention I am able to meet that, would they still keep them on 10 year ILR route or it can then be shortened when I start meeting financial requirements?

I strongly hope that in about 2 years time I will be all set for going off benefits all together and meeting all home office requirements.

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

Re: Claiming UC and child benefit, wife and one kid on visa

Post by JB007 » Mon Jun 10, 2019 5:32 pm

Guy121 wrote:
Sun Jun 09, 2019 4:32 pm
If we do not meet their financial requirments on first extension, but then on second extention I am able to meet that, would they still keep them on 10 year ILR route or it can then be shortened when I start meeting financial requirements?
I don't know. You might need to ask that question on the Immigration for family members board, unless somebody who knows the answer sees your post on this board.
Guy121 wrote:
Sun Jun 09, 2019 4:32 pm
My wife does not work currently so no wages.
Under the Welafre reforms, both parents are expected to work to do more to keep their children: the Tax Credit benefit is ending.
https://www.gov.uk/universal-credit/you ... sibilities

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