Questions on Claiming UC & Maternity Allowance

[AkramShiekh]

Dear Gurus ,
I have acquired ILR last year through Tier 1 Entrepreneur 5 year route due to Covid 19 my business taking huge losses and i have decided to dissolve my company. This is the same company through which I have claims points on my Tier 1 Entrepreneur and acquired ILR after 5 years completion .

I am currently on UC due to loss of income my wife's ILR is due in Jan 2021 she is currently on Tier1 dependent 5 year visa will taking UC impact her application even if she isn't claiming ? I have read in the PBS dependant guidance for ILR you or your partner should not claim public funds please clarify ?

Finally my wife has NRPB as she was eligible for SMP she is now claiming Maternity Allowance will this impact her future application ( Maternity Allowance is not classed as public funds but is a benifit )??

I would be very greatful if you please clarify the above 2 questions
Thanks in advance

[seagul]

Finally my wife has NRPB as she was eligible for SMP she is now claiming Maternity Allowance will this impact her future application ( Maternity Allowance is not classed as public funds but is a benifit )??

Maternity allowance doesn't affect the visa.

[AkramShiekh]

Thanks Seagul for the clarification
I would also like to clarify on the following as there are contradicting advices from solicitors
I am currently on UC due to loss of income my wife's ILR is due in Jan 2021 she is currently on Tier1 dependent 5 year visa will taking UC impact her application even if she isn't claiming ? I have read in the PBS dependant guidance for ILR you or your partner should not claim public funds please clarify ?

[zimba]

Thanks Seagul for the clarification
I would also like to clarify on the following as there are contradicting advices from solicitors
I am currently on UC due to loss of income my wife's ILR is due in Jan 2021 she is currently on Tier1 dependent 5 year visa will taking UC impact her application even if she isn't claiming ? I have read in the PBS dependant guidance for ILR you or your partner should not claim public funds please clarify ?

No. Why would that impact her ILR ???!

[AkramShiekh]

Hi Zimba ,
Thank you for the reply
I have gone through the PBS dependant guidance it clearly state you and your partner should not claim public funds for ILR application . Now my wife isn't claiming but as she is my dependant if I claim public funds will it effect her ILR please clarify as there are a lot of contradicting statements on this.

[zimba]

Hi Zimba ,
Thank you for the reply
I have gone through the PBS dependant guidance it clearly state you and your partner should not claim public funds for ILR application . Now my wife isn't claiming but as she is my dependant if I claim public funds will it effect her ILR please clarify as there are a lot of contradicting statements on this.

You misunderstood those statements. 'You' in that document means the main PBS migrant, NOT a person with ILR.

[JB007]

Hi Zimba ,
Thank you for the reply
I have gone through the PBS dependant guidance it clearly state you and your partner should not claim public funds for ILR application . Now my wife isn't claiming but as she is my dependant if I claim public funds will it effect her ILR please clarify as there are a lot of contradicting statements on this.

You must claim Universal Credit jointly as she is your partner, but you cannot take extra benefits money for her.

Read this thread and the links in that thread too.
https://www.immigrationboards.com/claim ... 02126.html

[JB007]

Thanks Seagul for the clarification
I would also like to clarify on the following as there are contradicting advices from solicitors
I am currently on UC due to loss of income my wife's ILR is due in Jan 2021 she is currently on Tier1 dependent 5 year visa will taking UC impact her application even if she isn't claiming ? I have read in the PBS dependant guidance for ILR you or your partner should not claim public funds please clarify ?

No. Why would that impact her ILR ???!

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.
https://www.turn2us.org.uk/Benefit-guid ... de-content