Benefit with one partner on Immigration control

[zunga169]

I am a British Citizen and my wife joined me nearly 7 months ago on spouse visa, recently I lost my job and I am getting Couple Standard allowance/ housing & council tax benefit, does this affect my wife Further Leave to Remain in future? Please help me, many thanks

[Casa]

Have you declared that your wife is subject to Immigration control, without access to Public funds? You can only be awarded benefits as a single person, although if your wife has any income this must be declared.

Edit: I now see from a previous post that you have children. These will be included in your benefit claim. However, have you declared your savings?

[zunga169]

Thanks for your reply, Yes we both had an appontment and all documents/information sbmitted during interview, second my wife did not come on saving ruit

[zunga169]

Thanks for your reply, Yes we both had an appontment and all documents/information sbmitted during interview, second my wife did not come on saving route

[seagul]

Exercise patience.

[JB007]

I am a British Citizen and my wife joined me nearly 7 months ago on spouse visa, recently I lost my job and I am getting Couple Standard allowance/ housing & council tax benefit, does this affect my wife Further Leave to Remain in future? Please help me, many thanks

You can't have Housing Benefit or Council Tax Reduction (used to be called Council Tax Benefit) because you have too much savings, the £62,500 savings your wife used to get her visa. You area couple and your wife's savings are used for your means tested benefit claims.
https://www.immigrationboards.com/immig ... l#p1754230

I assume you are also claiming WorkingTax Credits and Child tax Credit? You were also required to tell Tax Credits too about your savings, which will reduce the Tax Credit amount you will receive.

All your benefit award letters will state that you have to tell them of any changes. As you seem to claiming the Couple Allowance for Working Tax Credits (extra benefit money vis the Second Adult element) ? you would have told them you were married, but why didn't you tell them about the savings you now have?

If you are on the replacement means tested benefit Universal Credit, you can't have that as you have more than 16K.

It's better if you tell the benefits agencies than waiting for them to catch you.

[JB007]

I lost my job and I am getting Couple Standard allowance/ housing & council tax benefit, does this affect my wife Further Leave to Remain in future? Please help me, many thanks

If you mean you have only just stated claiming benefits because you just lost your job, that would only be a Universal Credit claim. Universal Credit replaced six means tested benefits, including Housing Benefit, Child Tax Credit and Working Tax Credit.

Unlike Working Tax Credits-
-you can't get a couple allowance (more benefit money)for your NRPF wife on Universal Credit
-your wifes' £62,500 savings that she used for her visa, is too much to claim Universal Credit. You need to have less than 16k capital, in any country, to have Universal Credit.


The Council Tax Reducation benefit hasn't changed in respect to a NRPF partner-
-she still can't have this as it is a Public Fund
-her/your savings are too high for you to get this and you are expected to use your savings to pay your council tax bill.

You can google about the Deprivation of Capital rule to get welfare benefits.

[zunga169]

thanks for your reply

[Casa]

Thanks for your reply, Yes we both had an appontment and all documents/information sbmitted during interview, second my wife did not come on saving route

Are you now saying that your wife qualified for her spouse visa as you were able to meet the minimum income requirement and neither of you hold savings over £16,000

[JB007]

does this affect my wife Further Leave to Remain in future? Please help me, many thanks

The answer to this, as you can see, it can do.

Housing Benefit and Council Tax Benefit/Council Tax Reduction are Public Funds and she must not take these/you must not claim extra for her.
https://www.gov.uk/government/publications/public-funds

You can claim HB and CB/CTR in your name, but you must tell the council about your No Recouse to Public Funds partner's capital/land/house in any country. It is benefit fraud if you do not.
https://www.gov.uk/benefit-fraud

Tax Credits (HMRC) OR Universal Credit (DWP) are joint benefit claims. She must tell tell them about her capital/land/house in any country as it is fraud if she does not. You must tell them about her capital/land/house in any country as it is fraud if you do not. I'm not sure how that will affect her visa status if she does not do that.