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Claiming Benefits Eligibility

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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yoursbyheart
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Claiming Benefits Eligibility

Post by yoursbyheart » Thu Aug 13, 2020 1:20 pm

Hi

I hope this message finds you all well.
I have few queries so like to some details.
I am a british citizen with a wife on spouse visa(completing 5 years on 7th May 2021), we have baby(1 year old on 30th August). So far it has all been good but i fear losing job due to covid 19 and this will be finalised by end of August, it is highly unlikely that my employer will keep me on same hours/pay so i may have two options i.e. be fully redundant or work part time.
In either case my query is can i claim universal credit and would it affect my wife's ILR application next year? Is there a job requirement, minimum income/maintenance requirement for when i apply for indefinite for my spouse next year?
I spoke to someone at citizens advise bureau for help with universal credit application however they asked me to get advise about jeopardising my wife's visa before i apply.
Any help and expert advise is highly appreciated.

Kind Regards,

secret.simon
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Re: Claiming Benefits Eligibility

Post by secret.simon » Thu Aug 13, 2020 2:19 pm

yoursbyheart wrote:
Thu Aug 13, 2020 1:20 pm
Is there a job requirement, minimum income/maintenance requirement for when i apply for indefinite for my spouse next year?
Moved to the ILR forum for a fuller response to the question above.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: Claiming Benefits Eligibility

Post by CR001 » Thu Aug 13, 2020 2:39 pm

Is there a job requirement, minimum income/maintenance requirement for when i apply for indefinite for my spouse next year?
Yes, you have to meet all the same financial requirements again for ILR with the most recent 6 or 12 months evidence of your annual earnings at the time she applies.

If you don't meet the financial requirement, she cannot apply for ILR and if you take the chance, it will be refused.
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.

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yoursbyheart
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Re: Claiming Benefits Eligibility

Post by yoursbyheart » Thu Aug 13, 2020 3:11 pm

Thank you so much CR001 for your prompt reply.
So in this case, what are my options?

if i lose job and cant find another one this will mean i cannot apply for ILR, does that mean she has to leave the country?

In addition what about applying benefits for myself currently, would that affect her visa also?

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CR001
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Re: Claiming Benefits Eligibility

Post by CR001 » Thu Aug 13, 2020 3:13 pm

She can apply for FLR FP 10nyear partner route.
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.

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yoursbyheart
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Re: Claiming Benefits Eligibility

Post by yoursbyheart » Thu Aug 13, 2020 3:22 pm

thanks again, so what about applying benefits? would that affect the visa?

tbh i dont want to go the 10 year route but may not have any options left if lose job.

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Re: Claiming Benefits Eligibility

Post by zimba » Thu Aug 13, 2020 4:18 pm

yoursbyheart wrote:
Thu Aug 13, 2020 3:22 pm
thanks again, so what about applying benefits? would that affect the visa?

tbh i dont want to go the 10 year route but may not have any options left if lose job.
You applying for benefits has NO influence on her application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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seagul
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Re: Claiming Benefits Eligibility

Post by seagul » Thu Aug 13, 2020 4:39 pm

yoursbyheart wrote:
Thu Aug 13, 2020 3:22 pm


tbh i dont want to go the 10 year route but may not have any options left if lose job.
You still have sufficient time to find a new job which you can even start searching from now.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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yoursbyheart
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Re: Claiming Benefits Eligibility

Post by yoursbyheart » Thu Aug 13, 2020 7:21 pm

thank you zimba and seagul.
Yes, i have already started looking but it doesnt look promising given the current pandemic and job market situation.
This is why i wanted to check if i can apply for some benefits while also working at deliveroo etc. in case i dont find a job.
Hopefully, i will find another job but maybe on lower salary.

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seagul
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Re: Claiming Benefits Eligibility

Post by seagul » Thu Aug 13, 2020 8:23 pm

yoursbyheart wrote:
Thu Aug 13, 2020 7:21 pm
thank you zimba and seagul.
.
Hopefully, i will find another job but maybe on lower salary.
It should at least pay you £18600 per year.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Claiming Benefits Eligibility

Post by JB007 » Fri Aug 14, 2020 4:59 pm

yoursbyheart wrote:
Thu Aug 13, 2020 7:21 pm

Hopefully, i will find another job but maybe on lower salary.
If all you can find is minimum wage jobs, with the minimum wage at £8.72ph, that's only just over 41 hours a week. You could take more than 1 job.

Your wifes' part time wage can be used too (you can look after your baby for a few hours and it gives your wife a chance to get out).

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Re: Claiming Benefits Eligibility

Post by JB007 » Fri Aug 14, 2020 5:12 pm

If your wife could be employed earning earn at least £183 a week, that would mean she pays Type 1 NICs and that would go towards her UK state pension. Those Type 1 NICs could go towards any Contribution Based benefits she might want in the future.

If she can reach ILR next year (instead of having to go on the costly 10 year route) she can then put the Chold Benefit in her name and get a NIC Credit (not the same as a NIC contribution) and that would be used towards her UK state pension.

JB007
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Re: Claiming Benefits Eligibility

Post by JB007 » Fri Aug 14, 2020 5:35 pm

yoursbyheart wrote:
Thu Aug 13, 2020 1:20 pm
... it is highly unlikely that my employer will keep me on same hours/pay so i may have two options i.e. be fully redundant or work part time.
In either case my query is can i claim universal credit
How much would that redundancy money be? Universal Credit is a means tested benefit.

Capital of £6,000 or less

This will not affect how much Universal Credit you can get, but you must still declare it.

Capital over £6,000 but less than £16,000

This will affect how much Universal Credit you can get. For each £250 (or any part of £250) you have over £6,000, your Universal Credit will reduce by £4.35 in each assessment period.

For example, if you have savings of £6,200 your Universal Credit will reduce by £4.35.

Capital over £16,000

You will not be eligible for any Universal Credit.

https://www.entitledto.co.uk/help/Savin ... sal-Credit



If you lose your job, you could look at New Style JSA (Contribution Based - over the last 2 relevant tax years). That doesn't take savings or a partners income into account.
https://www.gov.uk/guidance/new-style-j ... -allowance
If you have a Universal Credit claim also, New Style JSA will reduce your UC amount pound for pound.

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yoursbyheart
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Re: Claiming Benefits Eligibility

Post by yoursbyheart » Mon Aug 17, 2020 6:54 pm

Once again Thanks so much to all of you for your valuble help and feedback.
Much Appreciated.

Explring my options i was just wondering if uber eat or deliveroo etc. will count as work/job towards the ILR application, not sure becasue these do not have a permanent contract or set salary.

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Re: Claiming Benefits Eligibility

Post by seagul » Mon Aug 17, 2020 7:31 pm

yoursbyheart wrote:
Mon Aug 17, 2020 6:54 pm
Once again Thanks so much to all of you for your valuble help and feedback.
Much Appreciated.

Explring my options i was just wondering if uber eat or deliveroo etc. will count as work/job towards the ILR application, not sure becasue these do not have a permanent contract or set salary.
These jobs entails self employment which might make the case more complicated. Also both almost have no work as too many people are already with them while many restaurants never reopen again. Ideally instead join some supermarket store on paye job.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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yoursbyheart
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Re: Claiming Benefits Eligibility

Post by yoursbyheart » Mon Aug 17, 2020 8:24 pm

very well noted with thanks.
I hope to find another job soon enough as that seems to be most appropriate and straight forward option.
A BIG THANK YOU to everyone and keep safe.

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