claiming benefits while wife is on spouse visa

[majid3830]

hi Everyone,
can someone plz help with claiming benefits.
iam a british and i have two kids that are also british, but my wife is on spouse visa visa at the moment.

iam claiming child benefit of 80for the first child and 62 for the second child.
apart from this i dont claim anything else(universal credit and housing benefit).
can someone let me know if i can claim these benefits as i don't want to have any problem on my wife immigration history as it clearly says -no recourse to public funds) on my wife's visa.

i would be grateful if some one could help me in this plz.
thanks

[Amber]

You could look at claiming UC.

Contact citizens advice help to claim:

England: 0800 144 8 444

England textphone: 18001 0800 144 8 444

Wales: 08000 241 220

Wales textphone: 18001 08000 241 220

Scotland: 0800 023 2581

[majid3830]

Hi ,
Thanks for the reply but you think universal credit will not impact on my wife immigration history as I really don’t want to get immigration history messed up, plz let me know if there is any reference to your information. Thanks

[Amber]

See Regulation 3(3)(b) of the UC Regs 2013 (click).

[majid3830]

Hi thanks for the reply , I was trying to Register UC online and it says that UC should be jointly claimed with partner? Can someone please help with this, and also my tenancy agreement has mine and wife’s name on it, would this be a problem as well?

[majid3830]

hi amber,

i spoke to citizenship advice people and they said that it was a grey area and they said that they are not really sure and said me to take a immigration solicitor advice.also they asked me on whose name was the tenancy agreement as well(which is on my and wifes name)
iam back to the confusion, can someone plz let me know if they have the same case as well and have they claimed UC?

[Amber]

Contact citizens advice again and request a referral to your local citizens advice for face to face appointment.

In practice the claim needs to be a joint one but your spouse will be removed front he claim after the first appointment.

[majid3830]

Hi,
Also I wanted to know that the tenancy agreement is on mine and my wife’s name. Should I change it to my name only?

[majid3830]

Hi,
Also I wanted to know that the tenancy agreement is on mine and my wife’s name. Should I change it to my name only?

[majid3830]

hi amber,

i would really appreciate if you could help me plz as this is a very grey area and i dont want to put my wife immigration history in danger by claiming a few pounds ?

thanks

[JB007]

Hi,
Also I wanted to know that the tenancy agreement is on mine and my wife’s name. Should I change it to my name only?

If this is a private rental, then your wifes name can be on the tenancy agreement.
https://www.gov.uk/government/publications/public-funds

[JB007]

hi amber,

i spoke to citizenship advice people and they said that it was a grey area and they said that they are not really sure and said me to take a immigration solicitor advice.also they asked me on whose name was the tenancy agreement as well(which is on my and wifes name)
iam back to the confusion, can someone plz let me know if they have the same case as well and have they claimed UC?

We have seen before on here that the CAB cannot give advice on claiming Universal Credit (some other public funds too?) and having people in the household who have no recourse to publc funds.

If you try a benefit calculator,
https://www.gov.uk/benefits-calculators
it says the same things as the CAB told you
https://benefits-calculator.turn2us.org.uk/AboutYou
as soon as you put a person is LLR/LLE it states.

"If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

You should seek specialist advice before going any further if you, your partner or child have Limited Leave to Enter or Remain. Use our find an adviser tool (opens in a new window).

Our benefits information for Migrants (opens in a new window) may be helpful.

[Amber]

hi amber,

i spoke to citizenship advice people and they said that it was a grey area and they said that they are not really sure and said me to take a immigration solicitor advice.also they asked me on whose name was the tenancy agreement as well(which is on my and wifes name)
iam back to the confusion, can someone plz let me know if they have the same case as well and have they claimed UC?

We have seen before on here that the CAB cannot give advice on claiming Universal Credit (some other public funds too?) and having people in the household who have no recourse to publc funds.

If you try a benefit calculator,
https://www.gov.uk/benefits-calculators
it says the same things as the CAB told you
https://benefits-calculator.turn2us.org.uk/AboutYou
as soon as you put a person is LLR/LLE it states.

"If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

You should seek specialist advice before going any further if you, your partner or child have Limited Leave to Enter or Remain. Use our find an adviser tool (opens in a new window).

Our benefits information for Migrants (opens in a new window) may be helpful.

Of course Citizens Advice can advise such clients. Please do not spread misinformation.

[JB007]

hi amber,

i spoke to citizenship advice people and they said that it was a grey area and they said that they are not really sure and said me to take a immigration solicitor advice.also they asked me on whose name was the tenancy agreement as well(which is on my and wifes name)
iam back to the confusion, can someone plz let me know if they have the same case as well and have they claimed UC?

We have seen before on here that the CAB cannot give advice on claiming Universal Credit (some other public funds too?) and having people in the household who have no recourse to publc funds.

If you try a benefit calculator,
https://www.gov.uk/benefits-calculators
it says the same things as the CAB told you
https://benefits-calculator.turn2us.org.uk/AboutYou
as soon as you put a person is LLR/LLE it states.

"If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

You should seek specialist advice before going any further if you, your partner or child have Limited Leave to Enter or Remain. Use our find an adviser tool (opens in a new window).

Our benefits information for Migrants (opens in a new window) may be helpful.

Of course Citizens Advice can advise such clients. Please do not spread misinformation.

If you check other posts on this board, they have said that CAB have said they cannot give immigration advice for benefits: just as this poster has also said they were told.

The links I gave were to the gov.uk site about benefit calulators and the quote was a direct quote from one of those benefits calculators - that the gov.uk site suggested people use.

[Amber]

All citizens advice centres are regulated to give immigration advice. The H2C service said the OP needed to get advice, the OP can make an appointment at their Local Citizens Advice for advice on this matter, Citizens Advice have an expert Advice team that the LCA can refer to, if necessary.