Universal credit with spouse on visa

Hi my husband is on spouse visa and is not eligable for benefits i have recently applied for universal credit due to being out of work my husband is still working we dont have any children they said we have to apply as couple even tho he isnt eligable his income must be counted but it will be me receiving the benfit not him will me getting universal credit affect his future visa application

Aisharafiq wrote: ↑

Wed Oct 27, 2021 5:22 pm

Hi my husband is on spouse visa and is not eligable for benefits i have recently applied for universal credit due to being out of work my husband is still working we dont have any children they said we have to apply as couple even tho he isnt eligable his income must be counted but it will be me receiving the benfit not him will me getting universal credit affect his future visa application

That's correct. You must not claim as a single person when you are not. You claim as a couple so that his earnings and capital are linked to your claim, but you can't have extra benefits for your NRPF partner. You should be paid as a single preson but his earnings and capital will reduce any UC claim amount as partners are expected to keep each other.

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

If you are renting as joint tenants-
https://www.turn2us.org.uk/Benefit-guid ... de-content

There is the contribution based New Style JSA, if you qualify for it.
Your savings and capital (or your partner’s savings, capital and income) are not taken into account when claiming New Style JSA
https://www.gov.uk/guidance/new-style-j ... -allowance

Aisharafiq wrote: ↑

Wed Oct 27, 2021 5:22 pm

Hi my husband is on spouse visa and is not eligable for benefits i have recently applied for universal credit due to being out of work my husband is still working we dont have any children they said we have to apply as couple even tho he isnt eligable his income must be counted but it will be me receiving the benfit not him will me getting universal credit affect his future visa application

I applied in March 2021 and my wife who was on a spouse was given a biographical interview, they asked her brp details. we applied as a couple. now they only pay me the British citizen, at a single rate. even though the statement says couple, but we get paid the single rate and we also got a letter that my wifes ineligible for universal credit in the journal. write journal messages to make them aware and tell then when they call your spouse as well i.e. work coach.

also be careful about claim housing benefit, as it might make you on recourse to public funds, as i think your foreign spouse is included.not sure about that

mavaas11 wrote: ↑

Wed Oct 27, 2021 11:20 pm

also be careful about claim housing benefit, as it might make you on recourse to public funds, as i think your foreign spouse is included.not sure about that

Housing Benefit is one of the 6 welfare benefits that has been replaced by Universal Credit. Universal Credit is made of of elements and if you want the housing elelement for help towards your rent, then it is correct that you have to be really careful not to take extra benefit money for your NRPF partner.

As Citizen Adivce states, you won't be told something is a Public Fund: the benefits staff are not immigration advisors and it is up to the the person who is NRPF to ensure they don't breach their visa by taking public funds. But you must claim UC as a couple as that would be benefit fraud if you did not link your NRPF partner to your claim.

The UK has brought in Welfare Reform Acts. Universal Credit has different rules and regulations to most of the six benefits Universal Credit replaced.

My partner is a person subject to immigration control

Universal Credit

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.

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

It's likely that asking the council for the welfare benefit Council Tax Reduction/Allowance if you have a NRPF partner, could be taking public funds for your partner too if granted and would also need advice from a benefits specialist immigration advisor before claiming. Council Tax Reduction/Allowance (used to be called Council Tax Benefit) is a public fund.