Universal Credit if one partner Immigration control Explained by Turn2Us

[zzzindagi]

I was searching if there is one person living in the house is subject to immigration control and below is
what i found from benefit site Turn2US
-------------------------------------------------------------------------------------------------------------------
My partner is a person subject to immigration control
If you are not a person subject to immigration control, but your partner is, rules differ depending on the benefit you want to claim.

Universal Credit
If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account.

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.
--------------------------------------------------------------------------------------------------------------------------------

There is one point which they have mention that if your partner is Joint tenants then the rules are different.
My Tenancy Agreement and council tax are only on my name so this means I can apply as single person as mentioned above.??

[seagul]

There is one point which they have mention that if your partner is Joint tenants then the rules are different.
My Tenancy Agreement and council tax are only on my name so this means I can apply as single person as mentioned above.??

It will be a benefit fraud which have to pay back with penalty if actually you living as couple.

[zzzindagi]

There is one point which they have mention that if your partner is Joint tenants then the rules are different.
My Tenancy Agreement and council tax are only on my name so this means I can apply as single person as mentioned above.??

It will be a benefit fraud which have to pay back with penalty if actually you living as couple.

How will this be a benefit fraud ?? can you please elaborate.

I am working full time and so Tenancy and council tax is only on my name.
My wife is not working and i have 2 years old child and by the time she is 3 years old my wife will get ILR.

I have to apply as single person" This advice is given by TURN2US website. I copied and pasted their advice above where they clearly says apply as single person if your partner subject to immigration control.
But in the second paragraph they said if tenancy is Join then the rule is different.

Can you please give me your opinion on that. Did I understand it right ?

[seagul]

How to claim
You need to apply for Universal Credit online.

You have to apply as a couple if you and your partner live together. You do not need to be married.

You might also need to phone the Universal Credit helpline to book an interview with a work coach. You’ll be told if you need to do this after you apply.

https://www.gov.uk/universal-credit/how-to-claim

[zzzindagi]

How to claim
You need to apply for Universal Credit online.

You have to apply as a couple if you and your partner live together. You do not need to be married.

You might also need to phone the Universal Credit helpline to book an interview with a work coach. You’ll be told if you need to do this after you apply.

https://www.gov.uk/universal-credit/how-to-claim

This is what Turn2US advices which is a credible source.

" If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account "

[seagul]

Only trust reliable and updated source which is gov.uk. If you Google search then will find thousands of cases where people caught up due to falsely claiming as single person.

[CR001]

Only trust reliable and updated source which is gov.uk. If you Google search then will find thousands of cases where people caught up due to falsely claiming as single person.

The benefits system has changed a bit since Universal credit was rolled out, covered many times in recent weeks by user JB007.

Turn2Us is a registered and reputable charity service.

[seagul]

Only trust reliable and updated source which is gov.uk. If you Google search then will find thousands of cases where people caught up due to falsely claiming as single person.

The benefits system has changed a bit since Universal credit was rolled out, covered many times in recent weeks by user JB007.

Turn2Us is a registered and reputable charity service.

Does it changed that you living as couple and claiming as single person????

[zzzindagi]

Only trust reliable and updated source which is gov.uk. If you Google search then will find thousands of cases where people caught up due to falsely claiming as single person.

The benefits system has changed a bit since Universal credit was rolled out, covered many times in recent weeks by user JB007.

Turn2Us is a registered and reputable charity service.

Does it changed that you living as couple and claiming as single person????

There is a difference...
1. You claim as single person and do not declare you partner. ( This can be considered as benefit fraud)
2. You claim as single person but declare you partner's income and capital.

I am referring to point no 2. and the same is advised by Turn2US below : -

" If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account "

https://www.turn2us.org.uk/Benefit-guid ... ation-cont

[zzzindagi]

Only trust reliable and updated source which is gov.uk. If you Google search then will find thousands of cases where people caught up due to falsely claiming as single person.

The benefits system has changed a bit since Universal credit was rolled out, covered many times in recent weeks by user JB007.

Turn2Us is a registered and reputable charity service.

CR001 I need you opinion on the Paragraph No 2. please How do you interpret it.?

" No. 1
If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account. "

" No. 2
If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK. "

Why there is a different advice on the Paragraph No. 2
Does the second Paragraph only apply to those who have Joint Tenancy Agreement and Joint council tax?
I the agreement and council tax is only on My name then should I just ignore No. 2 and follow what is written in No. 1.?

[seagul]

Why not you use their calculator to see your entitlement. In my opinion if someone is earning at least equal to spouse visa financial threshold then other than child benefit very little will be left to claim. I will suggest you to Use same calculator and also report us the result if you wish.

https://benefits-calculator.turn2us.org.uk/AboutYou

[zzzindagi]

Why not you use their calculator to see your entitlement. In my opinion if someone is earning at least equal to spouse visa financial threshold then other than child benefit very little will be left to claim. I will suggest you to Use same calculator and also report us the result if you wish.

https://benefits-calculator.turn2us.org.uk/AboutYou

Yes i have checked it by entering my details as single and as couple. There is a big different in the amount
between single and couple. But still it is worth applying as single as I am currently only getting housing benefit apart from CB. Considering that adding my Partner's details would not reduce my benefit as She does not work and my youngest child is 2 years old which means she is exempt from the working condition under universal credit.

My concern is that I found so many posts on this forum warning about Universal Credit but the TURN2US suggest otherwise. I want to make sure that I interpret the information on TURN2US right. TURN2US source is provided on the GOV website so I think we should consider it credible.

[seagul]

I have no idea as when turn2us website was last updated but check below the official website updated on 25th July 2019 which clearly highlighting that claim should be joint.

[quote]

Universal Credit: further information for couples
2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

You begin by creating a Universal Credit online account each. The first person to create their account will be given a partner code, which will be displayed on screen.

This code will need to be input by your partner when they register for their Universal Credit online account. This ensures the accounts are joined together and you are correctly claiming as a couple.

Once you’ve created your account a claim can be made for Universal Credit. You’ll have 28 days from creating the account to make a claim. You should aim to complete the application as soon as possible to get your claim started.

If 28 days pass and a claim is not made you’ll need to register for an online account again.

If one of you isn’t eligible, their capital and income may still be taken into account.[/qote]

https://www.gov.uk/government/publicati ... or-couples

[zzzindagi]

I have no idea as when turn2us website was last updated but check below the official website updated on 25th July 2019 which clearly highlighting that claim should be joint.

Universal Credit: further information for couples
2. Claiming Universal Credit

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.

You begin by creating a Universal Credit online account each. The first person to create their account will be given a partner code, which will be displayed on screen.

This code will need to be input by your partner when they register for their Universal Credit online account. This ensures the accounts are joined together and you are correctly claiming as a couple.

Once you’ve created your account a claim can be made for Universal Credit. You’ll have 28 days from creating the account to make a claim. You should aim to complete the application as soon as possible to get your claim started.

If 28 days pass and a claim is not made you’ll need to register for an online account again.

If one of you isn’t eligible, their capital and income may still be taken into account.[/qote]

https://www.gov.uk/government/publicati ... or-couples

Seagal thanks for sharing.

The last line is interesting where they did not say that the person who is not eligible should not apply. Instead they said " If one of you isn't eligible, their capital and income may still be taken into account." .

I will be applying online first time so I don't know whether there will be a question in the form that " Are you under immigration control" However TURN2US does't ask for this specific question it does not take to ahead if you select No.

It seems like both Partners applications will be filled separately one can answer he is eligible and the other one can answer she is not eligible. Their application will still be combined to make a joint claim.
One persons application might be successful and other one's could be declined but her salary and capital will be taken into account for the other Persons application.

I am sure they will not pay more for the partner who is not eligible and reduce the amount to single but I hope UKIV will not raise any question at the time of visa application about why did you even apply for benefit if you were not eligible

[JB007]

Turn2Us is a registered and reputable charity service.

And it's also one of the benefit calculators that the government say to use.
https://www.gov.uk/benefits-calculators

[JB007]

With the old legacy benefits like Housing Benefit, those who could not take public Funds did not have their name on the claim and the claimant was treated as single - but the salary and capital of their partner who could not have public funds, was used in the benefit calculation of the claimant.

This might be how Universal Credit works, we aren't sure as it is too new.

[JB007]

I was searching if there is one person living in the house is subject to immigration control and below is
what i found from benefit site Turn2US
-------------------------------------------------------------------------------------------------------------------
My partner is a person subject to immigration control
If you are not a person subject to immigration control, but your partner is, rules differ depending on the benefit you want to claim.

Universal Credit
If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account.

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.
--------------------------------------------------------------------------------------------------------------------------------

There is one point which they have mention that if your partner is Joint tenants then the rules are different.
My Tenancy Agreement and council tax are only on my name so this means I can apply as single person as mentioned above.??

You are not single for benefits.

Council Tax is nothing to do with benefits. You should not tell your council you are single, when you have a partner there with you.

[zzzindagi]

I was searching if there is one person living in the house is subject to immigration control and below is
what i found from benefit site Turn2US
-------------------------------------------------------------------------------------------------------------------
My partner is a person subject to immigration control
If you are not a person subject to immigration control, but your partner is, rules differ depending on the benefit you want to claim.

Universal Credit
If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account.

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.
--------------------------------------------------------------------------------------------------------------------------------

There is one point which they have mention that if your partner is Joint tenants then the rules are different.
My Tenancy Agreement and council tax are only on my name so this means I can apply as single person as mentioned above.??

You are not single for benefits.

Council Tax is nothing to do with benefits. You should not tell your council you are single, when you have a partner there with you.

But the Joint Tenancy does make a difference. The Universal Benefit will get more complicated if the Partner is under immigration control as well as Joint Tenant.

Following is the excerpt from TURN2US webiste.

"
If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account. "


If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK. "

Paragraph one is simple and clear but in the Second paragraph they mentioned about Joint Tenancy. And to get specialist advice if that is the case because it this case Partner share the rent as well. While in the single Tenancy Partner is not responsible for any thing and that makes benefit very simple and exclude the Partner.
This is my understanding. How do you interpret it Please ?

[seagul]

I suspect that Turn2us website hasn't yet been updated if it suggesting otherwise

[zzzindagi]

I suspect that Turn2us website hasn't yet been updated if it suggesting otherwise

I am currently filling up my details online for Universal Credit.
This is what has come up in one of the step while applying...............
--------------------
Make a joint claim

You and your partner need to claim together. You can't claim by yourself.
What you'll get depends on your circumstances as a couple, including your incomes.
You still need to make a joint claim if your partner is working, or is in the UK on a visa.
------------------------------

They clearly said You can't make single claim. But in the last line they said you still need to make a joint
claim if you partner is in the UK on visa.

What does this means?????

[seagul]

So at last you now have learned that you cannot claim as a single person.