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UK state pension for non-EU immigrants

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

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John Green
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UK state pension for non-EU immigrants

Post by John Green » Sat Jan 23, 2016 6:11 am

We hope my wife from outside the European Union or EEA can come to live in the UK with myself, a UK citizen.

However, she is a mature lady in her early 50s with no work experience outside her native country. This will make it hard for her to find employment locally in the UK.

In this situation, when she retires in the UK, her UK state pension will be affected, since her National Insurance credits will not be sufficient, even if she eventually gets some sort of employment here, to get even the basic pension.

I am told that in this type of situation, she can claim for a category "B" state pension when she reaches the retirement age. This will give her up to 60 percent of my own state pension, but I'm not clear on the eligibility criteria.

And would her applying in 5 years for UK citizenship or UK naturalization have any effect on this?

Thanks.

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Casa
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Re: UK state pension for non-EU immigrants

Post by Casa » Sat Jan 23, 2016 10:36 am

John Green wrote:We hope my wife from outside the European Union or EEA can come to live in the UK with myself, a UK citizen.

However, she is a mature lady in her early 50s with no work experience outside her native country. This will make it hard for her to find employment locally in the UK.

In this situation, when she retires in the UK, her UK state pension will be affected, since her National Insurance credits will not be sufficient, even if she eventually gets some sort of employment here, to get even the basic pension.

I am told that in this type of situation, she can claim for a category "B" state pension when she reaches the retirement age. This will give her up to 60 percent of my own state pension, but I'm not clear on the eligibility criteria.

And would her applying in 5 years for UK citizenship or UK naturalization have any effect on this?

Thanks.
Here's a link to the information on a category 'B' state pension. No affect to ILR or BC. She won't qualify for a pension of course until she reaches the age of 65.

http://www.nidirect.gov.uk/what-if-you- ... ion-record
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Petaltop
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Re: UK state pension for non-EU immigrants

Post by Petaltop » Sat Jan 23, 2016 1:29 pm

John Green wrote:
she is a mature lady in her early 50s

In this situation, when she retires in the UK, her UK state pension will be affected, since her National Insurance credits will not be sufficient, even if she eventually gets some sort of employment here, to get even the basic pension.

I am told that in this type of situation, she can claim for a category "B" state pension when she reaches the retirement age. This will give her up to 60 percent of my own state pension, but I'm not clear on the eligibility criteria.
There are new rules for UK state pension and claiming a part UK pension based on a partner's contributions is being stopped. Now it will be based on her own contributions. Her pension age will be about age 67/68 so she might have time to work and end up with 10/35ths of a UK state pension. Or the state pension age may rise again, which will give her more time to get her 10 years minimum in.

Even if she isn't going to be be working in the UK or can't make the 10 years for a part UK state pension, you can still set a private pension up for her.


https://www.gov.uk/reduced-national-ins ... ried-women

Changes to the State Pension from 6 April 2016

The rules on claiming State Pension based on a spouse or civil partner’s contributions are changing on 6 April 2016. This will affect women born on or after 6 April 1953 and men born on or after 6 April 1951.

The new State Pension is based on your own National Insurance contributions.

John Green
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Re: UK state pension for non-EU immigrants

Post by John Green » Sun Jan 24, 2016 3:33 pm

Which begs the obvious question of what is she supposed to do if I cannot afford a decent private pension for her (or I might die) and because of her mature age and lack of experience of working in the UK she finds it a real struggle to get in enough years of National Insurance credits to get any UK state pension based on her NI credits. I do know from other people that immigrants who come to the UK at a later age find it very hard to get stable work in the UK, not least because their job history isn't even in the UK and we are not talking about the higher paying work. Are there any arrangements for this situation under the new rules? Or is she supposed to go out begging when she is in her late 60s?

avjones
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Re: UK state pension for non-EU immigrants

Post by avjones » Mon Feb 01, 2016 9:59 pm

The general rule is that new immigrants to the UK from outside the UK are not supposed to be a drain on public funds. That's why the new rule of £18,600 earnings was introduced in 2012, for example. Cost to the public purse is now specifically taken into account in determining people's right to remain in the UK in relation to their family and private lives.

So the legal answer to your question is that it's your wife's issue, if she chooses to move to the UK, and she doesn't qualify for additional funding*. Will she be eligible for a private or state pension from her previous employment outside the UK?

*It's also not clear to me as a separate matter why she should be advantaged over life-long British citizens in the same position who haven't worked and paid into the system?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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CR001
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Re: UK state pension for non-EU immigrants

Post by CR001 » Mon Feb 01, 2016 10:13 pm

avjones wrote:The general rule is that new immigrants to the UK from outside the UK are not supposed to be a drain on public funds. That's why the new rule of £18,600 earnings was introduced in 2012, for example. Cost to the public purse is now specifically taken into account in determining people's right to remain in the UK in relation to their family and private lives.

So the legal answer to your question is that it's your wife's issue, if she chooses to move to the UK, and she doesn't qualify for additional funding*. Will she be eligible for a private or state pension from her previous employment outside the UK?

*It's also not clear to me as a separate matter why she should be advantaged over life-long British citizens in the same position who haven't worked and paid into the system?
@Amanda, you might want to read through this very lengthy thread by the same poster. We have tried, believe me, we have tried.

http://www.immigrationboards.com/claimi ... 02024.html
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Casa
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Re: UK state pension for non-EU immigrants

Post by Casa » Mon Feb 01, 2016 10:17 pm

One option that hasn't been addressed in all of your many posts is the 'elephant in the room'. If your wife is so concerned that she will have a poor standard of life in the UK once she reaches pensionable age and as you say you have a considerable level of savings, have you considered settling together in her home country? Perhaps she would feel happier in the Ukraine, remaining close to the family you feel she will want to visit frequently. It would remove all the worry about her being alone and struggling to support herself financially if you passed away before her :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Re: UK state pension for non-EU immigrants

Post by Wanderer » Mon Feb 01, 2016 10:26 pm

CR001 wrote:
avjones wrote:The general rule is that new immigrants to the UK from outside the UK are not supposed to be a drain on public funds. That's why the new rule of £18,600 earnings was introduced in 2012, for example. Cost to the public purse is now specifically taken into account in determining people's right to remain in the UK in relation to their family and private lives.

So the legal answer to your question is that it's your wife's issue, if she chooses to move to the UK, and she doesn't qualify for additional funding*. Will she be eligible for a private or state pension from her previous employment outside the UK?

*It's also not clear to me as a separate matter why she should be advantaged over life-long British citizens in the same position who haven't worked and paid into the system?
@Amanda, you might want to read through this very lengthy thread by the same poster. We have tried, believe me, we have tried.

http://www.immigrationboards.com/claimi ... 02024.html
Like I said in the other thread, UK is rapidly moving towards US style 'work till you drop' - forget a decent private pension, even those may well not pay out, a lot of my colleagues' pension pots are losing money....

This is Ken Dodd.

Ken is 88 and does 5 and half hours most nights on stage.

Ken is funny.

Be like Ken....

Forget a proper pension.....
An chéad stad eile Stáisiún Uí Chonghaile....

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CR001
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Re: UK state pension for non-EU immigrants

Post by CR001 » Mon Feb 01, 2016 10:28 pm

@wanderer, you certainly are in top form tonight :lol:
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.

Wanderer
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Re: UK state pension for non-EU immigrants

Post by Wanderer » Mon Feb 01, 2016 10:32 pm

CR001 wrote:@wanderer, you certainly are in top form tonight :lol:
I found a Holland's Steak and Kidney Pudding in the freezer, I'm buzzing!!!
An chéad stad eile Stáisiún Uí Chonghaile....

avjones
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Re: UK state pension for non-EU immigrants

Post by avjones » Tue Feb 02, 2016 12:04 am

@Amanda, you might want to read through this very lengthy thread by the same poster. We have tried, believe me, we have tried.

Ah. OK. Fair enough (-:
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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