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Benefits on spouse visa

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

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UKJPN
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Posts: 44
Joined: Tue Dec 28, 2021 1:59 pm

Benefits on spouse visa

Post by UKJPN » Mon Apr 18, 2022 2:31 pm

Hi All,

I have a question,

My wife and 2 children will be ( should be ) moving to the UK in the near future.

Both my children are British and have British passports.

My wife is Japanese and will be on a spouse visa.

My son will be moving to the UK next month, I'm going to Japan to pick him up and travel back with.

My question is. I was looking at benefits and universal credit stuff and, when I checked to see what I was untitled too.. it asked me if I had a partner, I put yes. Is she British? No limited to remain. It then said I cannot claim? Is that right?

Surely I can claim as I'm British and children are British?

I've never ever claimed for any benefits before, but just wanting to get an idea and prepare.

It mentions something about recourse to public funds on one forum. I'm guessing that's what my wife will be on?

Thank you

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

Re: Benefits on spouse visa

Post by JB007 » Wed Apr 20, 2022 12:44 pm

UKJPN wrote:
Mon Apr 18, 2022 2:31 pm
It mentions something about recourse to public funds on one forum. I'm guessing that's what my wife will be on?
On a spouse visa, your wife will be No Recourse to Public Funds. Public Funds are certain benefits, homelessness applications etc.
UKJPN wrote:
Mon Apr 18, 2022 2:31 pm

My question is. I was looking at benefits and universal credit stuff and, when I checked to see what I was untitled too.. it asked me if I had a partner, I put yes. Is she British? No limited to remain. It then said I cannot claim? Is that right?

Surely I can claim as I'm British and children are British?
Are you sure it said that when you put that your wife has Limited Leave to Remain? And not when you put your savings/premium bonds etc? Or homes or land you own in any country that you do not live in? Or your salary?

Being British does not mean you can claim Universal Credit and lot of things can mean you cannot claim. e.g. British citizens cannot claim UC as soon as they return to the UK: they cannot claim UC if they live in another country; they cannot claim for their British children who do not live in the UK; their salary (and that of their NRPF partner they live with in the UK) might be too high to claim a low income benefit like Universal Credit; they might have 16k of more in savings or capital (a house in any country that they do not live in, or any land in any country).

Have a read
https://www.gov.uk/universal-credit/eligibility

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

Re: Benefits on spouse visa

Post by JB007 » Wed Apr 20, 2022 1:06 pm

JB007 wrote:
Wed Apr 20, 2022 12:44 pm
Being British does not mean you can claim Universal Credit and lot of things can mean you cannot claim.
I should have said that you can apply for Universal Credit, but that does not mean that you will be given any Universal Credit money.

Those with low earnings, low savings and no/low capital, who qualify for a monthly UC payment and who live in the UK with their NRPF partner, cannot claim extra money for that NPRF partner, but the NRPF partner's salary/capital/savings in any country, is used to reduce the monthly UC amount paid.
claiming-benefits/universal-credit-clai ... 02126.html

There is also a 2 child limit for UC benefit. There is no limit for claiming childcare if both parents work, but that might mean the Universal Credit claim ends as the parents now have enough money to keep their own children.

When your British son arrives in the UK to reside, you can look at claiming Child Benefit for him. Child Benefit payments also depend on how much a parent earns, but the bar is higher. It's also a Public Fund and your NRPF wife cannot claim that in her name.
https://www.gov.uk/child-benefit/eligibility

UKJPN
Newbie
Posts: 44
Joined: Tue Dec 28, 2021 1:59 pm

Re: Benefits on spouse visa

Post by UKJPN » Wed Apr 20, 2022 6:15 pm

Thank you for your reply.

Yes on the website, intitledto.co.uk

It asks if I have a partner.. perhaps I have to state I don't to apply for UC if only applying for myself.


Can I ask a different question, my wife will not be working for around the first year, so how does she go about paying into the gov pension ?

She paid it all get working life on Japan, so how does she go about paying it in the UK? Is it until she starts working that she pays it?

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

Re: Benefits on spouse visa

Post by JB007 » Thu Apr 21, 2022 9:43 am

UKJPN wrote:
Wed Apr 20, 2022 6:15 pm
Thank you for your reply.
Yes on the website, intitledto.co.uk

You mean entitledto. The other welfare benefit checker the government directs people to is turn2us, BUT]that will also state you need to take advice before you put in a for a claim if anyone in your household is No Recourse to Public Funds.
UKJPN wrote:
Wed Apr 20, 2022 6:15 pm
It asks if I have a partner.. perhaps I have to state I don't to apply for UC if only applying for myself.
A single person of working age does not get much benefits and your 15k in premium bonds will reduce anything you do get (if anything). If you have another 1k in savings/capital in any country, property you don't live in in any county, land in any country etc, then you cannot have Universal Credit you reaches 16k (or over).
UKJPN wrote:
Wed Apr 20, 2022 6:15 pm
Can I ask a different question, my wife will not be working for around the first year, so how does she go about paying into the gov pension ?

She paid it all get working life on Japan, so how does she go about paying it in the UK? Is it until she starts working that she pays it?
The one in bold. For a UK state pension, she has to be contributing to the UK. In 2016, the UK ended piggybacking a part UK state pension off a partner and the SP is now based on our own contributions.

At the moment it is 35 Qualifying Years for a full UK state pension and the state pension age keeps rising. It used to be 39 Q years for women and 44 Q years for males for a full UK SP.

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

Re: Benefits on spouse visa

Post by JB007 » Thu Apr 21, 2022 10:04 am

claiming-benefits/universal-credit-clai ... 02126.html

Did you read that link to the sticky? And all the links in it? If you are claiming anything that is Public Funds, then you have to be really careful that you don't accidentally take anything for your No Recourse to Public Funds wife as that would be a breach of her visa. The benefit staff are not immigration experts and it is up to the visa holder to ensure they don't take what they cannot have.

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