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Benefits on spouse visa

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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Sallah
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Benefits on spouse visa

Post by Sallah » Sat Jul 30, 2022 6:54 pm

Dear JB007

I hope that you are well.
Just have a question which might be repetitive for which I do apologize .
My wife is on 2.5 year ( no recourse to public fund visa )
We have 3 kids all British Nationals
I work fulltime and get a decent wage which is way above the 18600 limit.

-I had to apply for UC when I lost my Job back in 2020 and I relied on it for 2 months
- I did tell UC that my wife is on spouse visa, they still asked create her an account, though she doesn't get anything

- have 3 children all 3 British Nationals

- UC still pays me when my net income drops below 2k like £100-200 which is for my housing and children,
- standard allowance just for me

Overall from UC I get around £100 to £150 and that is taking my income and 2 children ( since 3 doesnt get anything)

Will I be okay when extending my spouse visa ?

No benefit is under her name or anything being claimed for her

I work full-time and any small amount is for kids who are British nationals and myself

Thank you very much

Regards

Sallah
Newly Registered
Posts: 16
Joined: Sat Jul 30, 2022 6:31 pm

Spouse Visa Extension and Universal Credit Urgent Help Required

Post by Sallah » Sun Jul 31, 2022 8:49 am

JB007,

Can you kindly answer this query if you have time, apologies if it's repetitive

Dear JB007

I hope that you are well.
Just have a question which might be repetitive for which I do apologize .
My wife is on 2.5 year ( no recourse to public fund visa )
We have 3 kids all British Nationals
I work fulltime and get a decent wage which is way above the 18600 limit.

-I had to apply for UC when I lost my Job back in 2020 and I relied on it for 2 months
- did tell UC that my wife is on spouse visa, they still asked create her an account, though she doesn't get anything

- have 3 children all 3 British Nationals

- UC still pays me when my net income drops below 2k like £100-200 which is for my housing and children,
- standard allowance just for me

Overall from UC I get

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

Re: Spouse Visa Extension and Universal Credit Urgent Help Required

Post by JB007 » Sun Jul 31, 2022 8:55 am

miiiirza1 wrote:
Sun Jul 31, 2022 1:09 am
Also in June 22, there is DWP UC amount 326 appeared in my bank for no reason. I do not think they should have paid it might be they are giving to everyone.
Shall I do declare all this? I mean in may22 amount of 46.29 is even not my fault and I don’t have clue of 326.00.
Was that £326 the extra Cost of Living payment for those claiming low income benefits on a certain date?
https://www.gov.uk/guidance/cost-of-living-payment
I have no idea when they were/are paying these, but you could use a search engine to find that.

JB007
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Re: Spouse Visa Extension and Universal Credit Urgent Help Required

Post by JB007 » Sun Jul 31, 2022 9:01 am

Sallah wrote:
Sun Jul 31, 2022 8:49 am
JB007,

Can you kindly answer this query if you have time, apologies if it's repetitive

Dear JB007

I hope that you are well.
Just have a question which might be repetitive for which I do apologize .
My wife is on 2.5 year ( no recourse to public fund visa )
We have 3 kids all British Nationals
I work fulltime and get a decent wage which is way above the 18600 limit.

-I had to apply for UC when I lost my Job back in 2020 and I relied on it for 2 months
- did tell UC that my wife is on spouse visa, they still asked create her an account, though she doesn't get anything

- have 3 children all 3 British Nationals

- UC still pays me when my net income drops below 2k like £100-200 which is for my housing and children,
- standard allowance just for me

Overall from UC I get
I couldn't work out why you were claiming help towards your rent, when you said in your opening post that you own your house. Then i reaslised you are not the original poster!

Please start you own thread.

Sallah
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Posts: 16
Joined: Sat Jul 30, 2022 6:31 pm

Re: Spouse Visa Extension and Universal Credit Urgent Help Required

Post by Sallah » Sun Jul 31, 2022 9:03 am

I posted a reply just a above that,
I hope you will be able to see it
Last edited by Sallah on Sun Jul 31, 2022 9:06 am, edited 1 time in total.

JB007
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Re: Benefits on spouse visa

Post by JB007 » Sun Jul 31, 2022 9:23 am

Have a read of the sticky at the top of this board
claiming-benefits/universal-credit-clai ... 02126.html



This link is in that sticky.
However, as noted in CPAG Benefits for Migrants, where the the UC claimant and the partner with NRPF are joint tenants with other joint tenants, the calculation could result in extra housing costs being payable to the claimant due to the presence of the partner with NRPF.¹⁶ In which case specialist immigration advice would be needed before making a UC claim.
And also Council Tax Reduction (used to be called Council Tax Benefit) which is claimed from the local council.
Again, specialist immigration advice should be sought before advising a claim for CTR,or indeed in any circumstances where there may be a concern about breaching the NRPF conditions attached to a partner’s leave.

JB007
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Re: Benefits on spouse visa

Post by JB007 » Sun Jul 31, 2022 9:29 am

Sallah wrote:
Sat Jul 30, 2022 6:54 pm

- have 3 children all 3 British Nationals

...
Overall from UC I get around £100 to £150 and that is taking my income and 2 children ( since 3 doesnt get anything)
Low income benefits have a 2 child limit for benefits.

Child Benefit does not have a limit. Are you, the British citizen, claiming CB for your 3 British citizen children? A CB claim must be in your name. Child Benefit is not part of Universal Credit.
https://www.gov.uk/child-benefit

Sallah
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Posts: 16
Joined: Sat Jul 30, 2022 6:31 pm

Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 9:37 am

Thanks for your reply
I am a British National
Child benefit is under my name.
UC was claimed for me and children, UC was notified of ' no recourse to public fund '

Just got full UC support for 2 months
Since then I am in full time work
UC is notified of my income and after taking all 3 elements into account and my income
UC pays 100_£150

Is that okay

I.dont get any extra amount for wife

Sallah
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Posts: 16
Joined: Sat Jul 30, 2022 6:31 pm

Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 9:39 am

And yes
UC is only for 2 kids
They do know I have 3 kids but the 3rd one is deducted

They help is for 2 kids

Sallah
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Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 9:42 am

Genuinely, I'd like to thank you and everyone helping out on this forum and perhaps answering similar questions again and again,

It's just that we going through these processes get very exhausted

In my case would never claimed UC and is not wort the hustle
But I had no other means of support, lost job but fortunately was able to get back to work ASAP

Sallah
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Joined: Sat Jul 30, 2022 6:31 pm

Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 9:43 am

Sallah wrote:
Sun Jul 31, 2022 9:42 am
Genuinely, I'd like to thank you and everyone helping out on this forum and perhaps answering similar questions again and again,

It's just that we going through these processes get very exhausted

In my case would have never claimed UC and is not wort the hustle
But I had no other means of support, lost job but fortunately was able to get back to work ASAP

Sallah
Newly Registered
Posts: 16
Joined: Sat Jul 30, 2022 6:31 pm

Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 10:12 am

JB007 wrote:
Sun Jul 31, 2022 9:29 am
Sallah wrote:
Sat Jul 30, 2022 6:54 pm

- have 3 children all 3 British Nationals

...
Overall from UC I get around £100 to £150 and that is taking my income and 2 children ( since 3 doesnt get anything)
Low income benefits have a 2 child limit for benefits.

Child Benefit does not have a limit. Are you, the British citizen, claiming CB for your 3 British citizen children? A CB claim must be in your name. Child Benefit is not part of Universal Credit.
https://www.gov.uk/child-benefit


I don't get council tax reduction

Could I have your opinion please ?
Do you think I'll be okay ?

JB007
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Re: Benefits on spouse visa

Post by JB007 » Sun Jul 31, 2022 10:21 am

Sallah wrote:
Sun Jul 31, 2022 9:42 am
Genuinely, I'd like to thank you and everyone helping out on this forum and perhaps answering similar questions again and again,

It's just that we going through these processes get very exhausted

In my case would never claimed UC and is not wort the hustle
But I had no other means of support, lost job but fortunately was able to get back to work ASAP
If people didn't want to reply, then they wouldn't. :D So don't worry about that.


Junping through welfare hoops seems to be a pain. But they are there for those in need and if you need them and are entitled to claim them, then you should claim. You paid your taxes. Or you could look at getting private insurance.

IMHO, this new welfare system is so much better than the benefit they replace: well it is for those who don't try to avoid work.
e.g. UC is a monthly award but Tax Credits (that UC replaced) was yearly. If you lost you job and needed to claim the Tax Credits welfare benefit for a few months, you likey had to pay that money back at the end of the tax year! UC is monthly and they look at what you have coming in during your monthly assesment period and that UC money is then yours to keep. There are always people getting Tax Credit repayment notices, some many years later and they can be for thousands!

JB007
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Re: Benefits on spouse visa

Post by JB007 » Sun Jul 31, 2022 10:31 am

Sallah wrote:
Sun Jul 31, 2022 10:12 am
I don't get council tax reduction

Could I have your opinion please ?
Do you think I'll be okay ?
It's likely you have too much money coming in for CTR. Each council have their own rules for CTR and you would have to look on your council's site.

BUT, did you read the page on the site I gave above?.Credit due to mod Amber for linking that site on this board.

Take specialist immigration advice before claiming that

Sallah
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Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 10:38 am

Sorry I was not very clear there , let me elaborate
I never applied for CTR, and will not apply for it.

When I asked could I have your opinion on my overall situation that will I be okay ? If I have UC helping with a small amount? For me and children?

It was just to see what you think of the overall situation

Sallah
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Posts: 16
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Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 10:40 am

JB007 wrote:
Sun Jul 31, 2022 10:31 am
Sallah wrote:
Sun Jul 31, 2022 10:12 am
I don't get council tax reduction

Could I have your opinion please ?
Do you think I'll be okay ?
It's likely you have too much money coming in for CTR. Each council have their own rules for CTR and you would have to look on your council's site.

And yes fortunately my income is decent and I am aiming to even work one extra day to raise it more so UC stops

I have always work and paid my taxes

Just making sure that if I am not eligible for something I don't get it

BUT, did you read the page on the site I gave above?.Credit due to mod Amber for linking that site on this board.

Take specialist immigration advice before claiming that

Sallah
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Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 10:48 am

Yes I did read that

My understanding from it was that anything you get should be for you , nothing should result in increased benefits due to existence of your spouse whether that's housing , personal allowance etc

JB007
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Re: Benefits on spouse visa

Post by JB007 » Sun Jul 31, 2022 11:37 am

Sallah wrote:
Sun Jul 31, 2022 10:48 am
Yes I did read that

My understanding from it was that anything you get should be for you , nothing should result in increased benefits due to existence of your spouse whether that's housing , personal allowance etc
Did you read the problems for a NRPF partner with the way Universal Credit is calculated if you have a joint tenancy? Even thought the DWP have said they won't give extra benefit money for the NPRF partner? Housing Benefit is one of the welfare benefits that Universal Credit replaced. The housing element of Universal Credit seems to be calculated differently to the way the old Housing Benefit was. Universal Credit is a Public Fund.

And the problems with Council Tax Reduction with the way that is calculated (at the bottom of that page) and their explanation of why that is? CTR is also as Public Fund.

And their advice to talk to a specialist immigration advisor before claiming these benefits?


Sallah
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Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 1:45 pm

I did read it thanks
The tenancy agreement is under my name and I am responsible for paying my rent.
The landlord confirmed my family is allowed to live with me in writing

The fact is that I am not getting any significant amount it's. Better to stop it

I think the DWP or home office needs to come out with clear guidance for British nationals with children who are British nationals and are eligible for certain funds

This puts me under so much stress

I'll speak to an immigration adviser and I am sure their opinion will be based on the research or what they believe is based on knowledge since there is no clear guidance given anywhere

I am sure many are in my situation who are genuine workers with family and only one member being NRPF
They will have to suffer

Sallah
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Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 1:55 pm

My friend,
One last question

So if I start a work a day over the weekend as self employed, just to meet ends ,
If my salaried employment is enough to meet the financial requirements do I still need to show my income for 12 months or 6 months from salaried will be fine, reason given is that if my sallaried suffice the financial requirements, would just showing that suffice ?

JB007
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Re: Benefits on spouse visa

Post by JB007 » Sun Jul 31, 2022 2:22 pm

Sallah wrote:
Sun Jul 31, 2022 1:55 pm
My friend,
One last question

So if I start a work a day over the weekend as self employed, just to meet ends ,
If my salaried employment is enough to meet the financial requirements do I still need to show my income for 12 months or 6 months from salaried will be fine, reason given is that if my sallaried suffice the financial requirements, would just showing that suffice ?

I don't know. This is a question to ask those on the Immigration for Family Members board.
immigration-for-family-members/

JB007
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Re: Benefits on spouse visa

Post by JB007 » Sun Jul 31, 2022 2:50 pm

Sallah wrote:
Sun Jul 31, 2022 1:55 pm
So if I start a work a day over the weekend as self employed, just to meet ends ,
If my salaried employment is enough to meet the financial requirements ...
It's likely that on that salary, you might not get any Council Tax Reduction from your local council, depending on their criteria. Your council should have more information on this and perhaps a calculator too. If you don't qualify for CTR because you earn too much, then there is little point in asking a specialist immigrtion advisor about CTR.
Sallah wrote:
Sun Jul 31, 2022 1:45 pm
I did read it thanks
The tenancy agreement is under my name and I am responsible for paying my rent.

Then according to that article, you should be ok claiming Universal Credit. You have Child Benefit too and that's about it (even for British citizens with a British spouse and British children).

Sallah wrote:
Sun Jul 31, 2022 1:45 pm
The fact is that I am not getting any significant amount it's. Better to stop it
Compared to some other EU countries, UK benefits are not generous. They are survival rates, until a job/second job/more hours/better paid job, can be found.

Sallah wrote:
Sun Jul 31, 2022 1:55 pm
I think the DWP or home office needs to come out with clear guidance for British nationals with children who are British nationals and are eligible for certain funds.
I think they have: there is no extra benefit money for a spouse that is sponsored to the UK, while they have NRPF, but they are allowed to work. I don't think any extra UC money (if any) would be as much as you think it might be and your wife would have work requriements on UC because both parents have to work (unless there is an exemption).

Council Tax Reduction isn't much anyway and most earn too much/have too much savings to get that. The way CRT abd CB before it is calculated, has always meant it is difficult for those who can't have public funds

Tax Credits only gave extra money (the second adult element) if they earned less than abouit 18k between them and they had a child: and the UK is ending Tax Credits for exisiting claimants by 2024. Those who are better off on Universal Credits, have likely already moved themselves to UC.

JB007
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Re: Benefits on spouse visa

Post by JB007 » Sun Jul 31, 2022 3:09 pm

JB007 wrote:
Sun Jul 31, 2022 2:50 pm
Tax Credits only gave extra money (the second adult element) if they earned less than abouit 18k between them and they had a child: and the UK is ending Tax Credits for exisiting claimants by 2024. Those who are better off on Universal Credits, have likely already moved themselves to UC.
What i meant to say was that Tax Credits; like Universal Credit; was a joint claim. But on theTax Credits welfare benefit, you could have claimed the second adult element (extra money) for your NRPF wife, if you eaned less than about 18k between you and had a child.

Sallah
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Re: Benefits on spouse visa

Post by Sallah » Sun Jul 31, 2022 3:54 pm

Many thanks for taking time and writing back

I won't be applying for CTR, the additional job will be just to keep up with the living cost

The question was around whether it's okay to provide one job details to meet the financial requirements if that job pays enough? Which I'll ask on the board you directed me to

Yes I hope I should be alright since I have been transparent with UC

Nothing hidden

Never attempted to get anything for which I am not entitled to

So fingers crossed

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