UK citizen loses benefits right by living with nonUK partner

[HopeThisHelps]

I thought I would post this advice as I have had to make numerous calls and been given conflicting information by different government departments, which almost led to us accidentally breaking the immigration rules and my partner's post study work visa application being rejected.

My overseas partner and I (UK citizen) both graduated recently and moved in together. I would be entitled to claim housing benefit, but my non-UK partner has no recourse to public funds as a condition of her visa. The housing benefit has to be claimed for the house (i.e. both people). Therefore, the UK citizen can no longer claim housing benefit for him or herself. Had this information been available we would have waited to move in together until I had a job, since I would have been able to claim housing benefit for myself in the meantime. Instead I have even more financial pressure.

Legal Aid could only advise on right to benefit of each individual. Benefits office was happy to process claim and refused to advise on any implications for immigration. Border agency refused to state categorically that a claim would invalidate a visa application, simply repeating ad infinitum that they did not advise UK citizens and that the nonUK partner had no recourse to public funds. Two different people at the border agency also gave conflicting views.

So, if you are a UK citizen short of money at the end of study my advice would be to wait until you are employed before moving in with your nonUK partner.

[Greenie]

you can claim benefits, but you can't claim additional benefits for your partner, in other words, in terms of HB you can only claim as a single person, not as a couple, and similarly with JSA for example. However your partner's income/savings will be taken into account - perhaps this is what they mean when they say you need to claim as a household. Is she currently working?