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Spouse no recourse to public funds

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, meself2, geriatrix, John, ChetanOjha, archigabe

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Amanda0408
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Spouse no recourse to public funds

Post by Amanda0408 » Mon Mar 30, 2020 2:50 pm

Hi
My Albania husband arrived 28 jan 2020 on a spousal visa, with no public fund recourse.
I have lost my job, last week due to the pandemic and want to apply for universal credits, i cant apply as couple as he is not entitled and would affect his right to remain . Yet if i apply as single it would affect my housing benefit claim.
I have called universal credits 53 times today, and on 54th attempt it went through, I was on hold for 2 hours 40 mins before it cut.
Can anyone/someone please help me!
Thank you

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CR001
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Re: Spouse no recourse to public funds

Post by CR001 » Mon Mar 30, 2020 4:42 pm

You apply as a couple. You will only get the single person award though.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Farhani
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Joined: Fri Feb 28, 2020 12:16 pm

Re: Spouse no recourse to public funds

Post by Farhani » Mon Mar 30, 2020 10:24 pm

Amanda0408 wrote:
Mon Mar 30, 2020 2:50 pm
Hi
My Albania husband arrived 28 jan 2020 on a spousal visa, with no public fund recourse.
I have lost my job, last week due to the pandemic and want to apply for universal credits, i cant apply as couple as he is not entitled and would affect his right to remain . Yet if i apply as single it would affect my housing benefit claim.
I have called universal credits 53 times today, and on 54th attempt it went through, I was on hold for 2 hours 40 mins before it cut.
Can anyone/someone please help me!
Thank you
You should apply as couple but you will get standard single allowance and it would not affect his right to remain.if you apply for universal credit it shouldn't affect housing benefit claim as they are paid with in universal credit. Check gov.uk/benefits for more info.

JB007
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Joined: Sun Jan 20, 2019 2:14 pm

Re: Spouse no recourse to public funds

Post by JB007 » Wed Apr 01, 2020 9:51 am

Farhani wrote:
Mon Mar 30, 2020 10:24 pm

You should apply as couple but you will get standard single allowance and it would not affect his right to remain.if you apply for universal credit it shouldn't affect housing benefit claim as they are paid with in universal credit. Check gov.uk/benefits for more info.
If you are under age 35, you will only get ther shared house rate as you cannot claim public funds for your husband. His salary will be used in your low income benefit calculation.

Luckyagbomu
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Re: Spouse no recourse to public funds

Post by Luckyagbomu » Mon Apr 06, 2020 10:27 pm

Hey from the gov Site

Eligibility
You’re eligible to apply for a change of conditions if:

you have leave to remain under the 10 year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under ECHR Article 8 (the right to respect for private and family life)
you have leave to remain on the basis of other ECHR right
You can also be eligible to apply if you have leave to remain under the 5 year partner/parent route. If you’re accepted you would be considered to have moved on to the 10 year route to settlement and as such any future applications for leave will be considered under the 10 year route. However, when you come to reapply if you feel that you again meet the criteria under the 5 year route you should be aware that any leave you had previously accumulated under the 5 year route will not count towards your new 5 year period.

For example, if you previously had 4 years leave to remain under the 5 year route to settlement but applied for a change of condition code and were moved on to the 10 year route, when you next apply under the 5 year route you’ll need to complete a new period of 5 years in order to then apply for settlement.

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