Wife is on a Spouse Visa and is Sponsor claiming Universal credit - Coronavirus situation

[poundworld]

I have been self employed since December 2019 as a taxi driver I am a British citizen from birth

My wife is starting self employment in April

I currently receive Universal credit as a single person as my wife is on a spouse visa therefore she is not eligible for public funds

We are both due to start working full time from the new tax year which starts from 5th April 2020

Due to the current situation around business and the Coronavirus, can someone please advise me if it would be ok to keep receiving UC to supplement my income or not? and will this have any effect on my wifes visa?

Will home office take the current situation into account?

[Luckyagbomu]

The exact sticky situation I’m in at the moment, I seriously don’t know what to do.
Wife stopped work due to Coronavirus and I work at the airport you probably know the rest.

She has already completed the 5 years route, can’t apply yet due to this virus as her exams are cancelled.

Some one please help

[uk7591]

Do not worry about visa.
This is a emergency situation in the country and a matter of survival.
So survive first and no one will punish you for claiming a benefit when PM advice you to stay home.
And how you meet the immigration requirements when PM advice you to stay home?

[Luckyagbomu]

Thanks for your response!
I was thinking that too, but knowing the U.K. immigration they are very ruthless.
I have already cancelled my direct debits for rent and council tax as those are the ones that drains the wages.
If things don’t change anytime soon I will definitely have to claim and leave the puzzle for the home office.
Regards

[poundworld]

My immigration solicitor has advised me to apply for Universal credit per the Chancellor's recommendation and said the immigration rules will be relaxed when you apply.

You just have to mention the times you stopped working due to the Coronavirus and have applied for Universal credit for which period, its not completely clear but what he's saying is due to the exceptional circumstances you shouldn't get sanctioned

[Luckyagbomu]

Thanks for your message.
Really appreciate it....
Regards

[Archer1]

I have been self employed since December 2019 as a taxi driver I am a British citizen from birth

My wife is starting self employment in April

I currently receive Universal credit as a single person as my wife is on a spouse visa therefore she is not eligible for public funds

We are both due to start working full time from the new tax year which starts from 5th April 2020

Due to the current situation around business and the Coronavirus, can someone please advise me if it would be ok to keep receiving UC to supplement my income or not? and will this have any effect on my wifes visa?

Will home office take the current situation into account?

Hi,
You are eligible for UC, and it will not effect your wife's application as she is not claiming.
Regards,

[leon2019]

Hi ,
We are in the same situation, my wife is on spouse visa, ILR due in 2022. I’m British and we have two British kids too.
I applied for UC myself in joint names and the application was still in pending decision , however, I’ve withdrawn my UC application today. We are struggling with money due to Coronavirus . I’ve been told that cliamimg benefits will affect my wife visa that I can’t support her without recourse to public funds.

If the Home Office makes an official statement about , then we will be safe to claim . At the moment it’s far too big risk because it will depend on case worker’s mentality and discretion. If the simply use HO guideline then it will obviously be refusal and if they use common sense and compassion then they might grant the ILR despite claiming benefits.

It’s a risk and that’s why I withdrew my application although we need money like anyone else. Can’t trust HO.

Even if they will know about Coronavirus situation, they will still refuse and give you the appeal and that mean lots of money

[CR001]

Hi ,
We are in the same situation, my wife is on spouse visa, ILR due in 2022. I’m British and we have two British kids too.
I applied for UC myself in joint names and the application was still in pending decision , however, I’ve withdrawn my UC application today. We are struggling with money due to Coronavirus . I’ve been told that cliamimg benefits will affect my wife visa that I can’t support her without recourse to public funds.

If the Home Office makes an official statement about , then we will be safe to claim . At the moment it’s far too big risk because it will depend on case worker’s mentality and discretion. If the simply use HO guideline then it will obviously be refusal and if they use common sense and compassion then they might grant the ILR despite claiming benefits.

It’s a risk and that’s why I withdrew my application although we need money like anyone else. Can’t trust HO.

Even if they will know about Coronavirus situation, they will still refuse and give you the appeal and that mean lots of money

Who told you that??

As a British citizens, you are allowed to claim benefits. UC must be in joint names but you will only get the single plus children element. This is completely separate to the financial requirement you still have to meet for extensions and ILR.

Nothing has changed in regards to this from HO's perspective. You are being paranoid.

[Luckyagbomu]

Hi CR001
To be honest, I’m too scared to apply for the UC. Most of the lawyers have no clue or whatsoever and they talk trash.
However, the home have announced that people are in that situation of 10 or 5 routes of spouse visa can claim benefits/UC but there are cons to it.
Example 5 years routes>>> will turns to 10years

Here is the official links

https://visas-immigration.service.gov.u ... conditions


Good luck guys

I am definitely not applying for it as I will manage my 80% pay

Regards and please stay safe

[leon2019]

Thx Cr001 for your reply. Appreciate your advice always, always spot on..

I received email at the time I was applying for my wife’s spouse visa and was told that although I’m allowed to claim benefits yet I will not be meeting their requirement as a sponsor to my wife if I claim benefits.

That’s why they have this financial requirement in place. I will be very interested to read something that HO says about sponsor claiming benefits and not affecting their spouses extensions and ILRs..

[CR001]

Thx Cr001 for your reply. Appreciate your advice always, always spot on..

I received email at the time I was applying for my wife’s spouse visa and was told that although I’m allowed to claim benefits yet I will not be meeting their requirement as a sponsor to my wife if I claim benefits.

That’s why they have this financial requirement in place. I will be very interested to read something that HO says about sponsor claiming benefits and not affecting their spouses extensions and ILRs..

1. I note that you already have your own topic where you asked this and are now tagging onto another users topic asking the same question again. Please do not do this. It is unfair to other posters and creates confusion.

2. You as a British citizen are free to claim any benefits you are eligible. Note that for ILR you have to still meet the financial requirements at that point.

The email likely means if you do not meet the finanical requirement, her route to ILR will change to the FLR(FP) 10 year partner route.

Many apply for extensions and ILR when the British spouse claims child benefit or UC but who still meet the financial requirments.

[leon2019]

Sorry.CR001 for that.

One more question plz. My wife ILR due in August 2022. Can I claim UC from now till ILR due time and it won’t affect anything?? Plz advice so that I can make an application.. thx again..

[leon2019]

Claiming UC under Covid-19 won’t be an issue which is officially at the moment from 29th March to the end of June now as its running along Job Rentension scheme. The HO will certainly consider the current situation and won’t take punitive steps.

However, if someone claims UC after this Covid mess is over, trust me the HO will refuse your wife’s or husbands extension or ILR based on the strict condition that you can’t keep your foreign national spouse without recourse to public funds..

I’m telling all this from my friends experience who went through nightmare after quite comfortably claiming benefits non stop and when he applied for his wife’s visa extension, the HO told him although you meet all the financial requirements, yet you can’t live with your spouse without recourse to public funds..

His wife didn’t work and he worked full time and still claimed some money from the government and the HO simply sent him the declaration which he signed when he applied for his wife initial spouse visa where he had singed a statement that he will support his wife without public funds.

The HO was right and he had to go through appeal process which wasted a lot of money.. the result was his wife was granted extension but put on 10 years route..

I bet he wouldn’t think of benefits.. yes under Covid crisis, you can claim UC but after that, claiming UC is the worse thing you can do...

Hope it helps..

[CR001]

If people applying for spouse visas stupidly sign the SU07 form, then yes, they have declared they will maintain their spouse. This form is NOT required for a spouse visa.

We have many members (my British spouse included) who claimed benefits and we got our ILR etc with NO issues.

Many have had NO issues with extensions or ILR when they claim benefits, particularly those who have NOT signed the SU07 form.

[leon2019]

Thx CR001 , that’s what it is and it makes sense.. thx for clarification.. I will probably go ahead with UC now as well.. Thx a lot

[leon2019]

How can I find out if I submitted SU07 sponsor undertaking form with my wife’s spouse visa application? I have no idea whether I did or not.. I doubt I submitted it although I knew it was necessary however I just submitted it (I think) considering that it will have no harm if submitted but if not submitted, HO might refuse. I have feelings that I did submit but still want to make sure before I apply for UC

How can I find out plz advice thx

[Kaykash]

Usually spouse visa extensions rejects easily
Case worker follows the rules not individual’s
Financial situations.
Case workers abide to follow the home office guidelines .
Don’t take risk

[seagul]

How can I find out if I submitted SU07 sponsor undertaking form with my wife’s spouse visa application?

Before the introduction of UKVCAS the application used to be applied through post and the only way was to submit the su007 is to download it from the below link which then used to be manually filled up before sending.

https://www.gov.uk/government/publicati ... -form-su07

[leon2019]

Thx seagul,
Yes I remember it clearly that I submitted that form although it wasn’t necessarily required . I just submitted it to be on the safe side.

I should not risk my wife’s ILR by claiming UC

Thx

[leon2019]

UC will affect your spouse / partner extension or ILR applications. When you brought your partner to the UK or spouse / partner visa; you and your partner declared on spouse visa application that you as a british citizen will keep your partner without recourse to public funds.

Under covid-19 senario, the HO might allow you for 3 months the maximum, after that you will have to stop if you want the applications successful. Hope it helps.

[Casa]

If people applying for spouse visas stupidly sign the SU07 form, then yes, they have declared they will maintain their spouse. This form is NOT required for a spouse visa.

We have many members (my British spouse included) who claimed benefits and we got our ILR etc with NO issues.

Many have had NO issues with extensions or ILR when they claim benefits, particularly those who have NOT signed the SU07 form.

[JB007]

Those with settlement and EEA citizens (in some circumstances) can claim.

UK Visas and Immigration guidance for how it makes decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.

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

[JB007]

Those with settlement and EEA citizens (in some circumstances) can claim.

UK Visas and Immigration guidance for how it makes decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.

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

There are exceptions for those from some countries, for some benefits.

Those with settlement on some of the old legacy, low income benefits, could claim extra for a spouse if they had a child in the household. The replacement low income benefit (Universal Credit) does not allow this. The person with settlement can claim but they cannot claim they are single and cannot take extra benefit money to keep their No Recourse to Public Funds partner.