Claiming benefits but husband on spouse visa

[Aniotod]

To Hopejoce17

Hi K1 de altimate,

You can apply UC online and fill in your details and your partner's details. At the end of the application they will ask to book an appointment for an interview for yourself and your partner. During that interview they will ask for proof of identity, address and income etc. If your partner shows her BRP then they will stop her part of the UC application as no recourse to public funds, but your part of the application would go through. This has been my personal experience. I am British while wife is on spouse FLR(M) and we have two kids both British born.
I hope this helps.
Thanks

Hi,
Could you maybe go into a little bit further details please as I've made a claim for universal credit and have been to the interview so has my wife she is on no recourse to public funds she mentioned to them on several occasions she is not eligible due to her visa status and has provided BRP card at the identity interview they haven't yet confirmed anything she was told they would do a Habitual residency test until then she has been treated as if a claimant apart of my universal credit account. I feel like maybe the incorrect or lack of knowledge from the DWP initial interviewer has unawaringly errored. It is worrying as obvious reasons don't want any complications from this as we also have 2 British born children together. Could you maybe elaborate a littler further into the whole process please much appreciated thank you.

[Amber]

For Universal Credit, a person who is subject to immigration control (your wife) will not pass the HRT and her side of the claim will be refused. The claim will revert to a single person claim. You can check your Journal when an award is made under payments which will give a breakdown of the amount, assuming you are over 25, the standard allowance should be a single rate of £317.82 per month rather than a couple rate of £498.89 per month. Insofar as you are aged over 35, the housing costs element would not increase because of your spouse even if the Tenancy is a joint tenancy.