Universal Credit & no-recourse of public funds in spouse visa.

[Hayaa]

Dear Members,

First of all thanks to all members specially Zimba, Casa, CR001,Seagul and other seniors for their valuable advices all the time.
I am a British citizen, my husband is on spouse visa..
I have seen many queries in this forum. However, I have not found a clear answer for my question.

I was on maternity leave for 9 months, last month I extended it for 12 months until June, but without any income, and after this pandemic crisis I am not sure whether the company will accept my back or no.
My Partner is a full time PhD student, July last year replaced his Tier4 visa to spouse visa for 2.5 years, he is receiving a student grant from his sponsor.

As you might know that to apply for a council tax reduction and Job-seeker allowance, you need to have Universal Credit to get through the system.
Also as you know that to apply for a UC, I have to include and reveal my husband details in the application and in the interview later on (claim jointly with a partner).

As a British citizen, my questions are:

1- What does the statement of (no public funds mean on my husband visa), does it include me and our child.

2- Will be any consequences on my partner visa if I put his details in the UC application and interview.

3- Can I apply for council tax reduction and jobseeker allowance without any effect on my husband visa in the future & how please.

4- Can I apply for child tax credit without any effect on husband visa & how please.

5- Is there anything else I can claim without effecting my husband visa & how please.

Note/ I know that we still have to meet the income requirement for renewing the visa next time, but this will be in 18 months time, from now till that time things might change.

Kind regards…

Haya

[seagul]

Note/ I know that we still have to meet the income requirement for renewing the visa next time, but this will be in 18 months time, from now till that time things might change.

Kind regards…

Haya

I am quite sure that you must be on your employer payroll system on 28th February and if so then request humbly to your employer to place you on furlough status where you will start receiving 80% of your wages for few months under govt job retention scheme. Apart of that I think you are unnecessarily over worrying yourself far in advance than renewal which as per you will be due in 18 months. Moreover what you could do is to use one of the following calculator to evaluate as what benefit you as a British citizen can claim. For the time being if you are eligible for those benefits then apply and receive while making sure to start working (either you or your partner) most lately before 6 months from the date of application.

https://www.gov.uk/benefits-calculators

[Hayaa]

Hi Seagul ,, Thanks for your valuable advice.

Untill the 28th of February, I was on the government maturity allowance pay roll £151.2 a week, because I only worked for 5 months with the current company and sometime for another company before my baby is due.
As you know to be with the employer payroll system I have to meet the requirements of the Statutory Maternity Leave (working 41 weeks continuously in the same company), which I was not eligible.


Now I am thinking of applying for UC, Could I have your advice and some answers about the above questions please ...


Thanks

[seagul]

You can read about public funds more comprehensively as how these may affect those with the status of having no recourse to public funds at below link:

https://www.gov.uk/government/publications/public-funds

[Hayaa]

Thanks you Seagul ,,

There is always a Gray area, where I can not understand clearly my need.

I only have one question if you could clarify it for my please..

Is "only" applying for Universal credit and entering my partner information in the application will effect my husband future's visa. (only apply without claiming anything at the moment). ?



Many thanks

[seagul]

Generally a UK settled/national person can claim all benefits for which he/she is eligible without affecting the visa condition of his partner. However most benefits ask the detail of all household and their resources but still are rewarded in single rate. So as long as these are claimed under your name as a principal applicant then there shouldn't be any issue and I think there are few benefits which are in the guidance can be claimed in joint name.

[JB007]

As you might know that to apply for a council tax reduction and Job-seeker allowance, you need to have Universal Credit to get through the system.

That's not correct-
- Council Tax reduction is nothing to do with Universal Credit. You apply for this from your local council but be very careful as they are not immigration experts and your husband cannot have this Public Fund. It's not just a case of your husband paying half of your Council Tax bill e.g. 4 people live in a house and 3 are students, the other person is liable for 100% of the Council Tax. It might be best to speak to an immigation advisor to make sure your husband does not take this public fund.

- Jobseeker's Allowance is for those looking for work and if they have contributed to the UK in the last 2 tax years. These claim New Style JSA (used to be called Contribution based JSA) and this is not a public fund and they don't have to claim Universal Credit to get this.
Even if these who can claim New Style JSA, could claim Universal Credit too, it might not be in their financial interest to do this if they are already claiming benefits like Tax Credits.


Universal Credit replaces the six low income beneits and is means tested.
Universal Credit is a public fund.
Universal Credit is for those of working age. If a couple claim and one is of state pension age, they claim Universal Credit but the one of state pension age is excused the work requirements that Universal Credit has.
UC replaces the welfare payments previously known as-
Income-based job seeker's Allowance (for those that have not contributed to UK in the last 2 tax years)
Housing Benefit (for those that rent)
Income Support
Income-related Employment and Support Allowance
and the two new and very popular (abused) benefits, Working Tax Credit and Child Tax Credit.

Under UC, there are various allowances given, e.g money towards housing costs, looking for work etc
https://www.gov.uk/universal-credit/how ... r-payments