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.

Others will be more in tune with the legalities but I believe claiming UC has no bearing on your situation so long as for 6 months prior to applying you meet all the financial requirements for the visa?

That is it will not matter you were on UC so long as the numbers add up in that 6 month prior period. I am not sure though, just offering an opinion.

One thing I do know is you should have told UC you were married then removed your wife from the claim (box drops down to say 'not entitled to public funds') as 1) you are married and 2) they won't give her or you an extra penny on the claim BUT any money she has in the bank or assets must be included in the claim and will affect the payout.

If she did have savings when you claimed you could be in deep trouble if they find out, if not then probably just a telling off as it did not affect things. The Home Office is unlikely to look into this though, so I would not worry too much - just end that claim asap.