How can I stop UC.wife on spouse visa

[luqi2020]

Hi
My wife is on spouse visa which is due to renew next year April. I am self employed and she is working part time.
Due to the COVID I took UC.
Does it effect on my wife visa how can I stop taking UC.
I have private landlord and tenancy agreement only on my name and my agreement is due to Renew February 2021 if I add my wife name on the tenancy will it be okay.
My wife is getting nothing but her name is attached in UC account and she also inform her income every month to UC DEPARTMENT through my Account.
Can any one help me to answer my query.
Thank you Luqman

[JB007]

If you are part of a couple you and your partner will need to make a joint claim for Universal Credit.
...
If one of you isn’t eligible, their capital and income may still be taken into account.
https://www.gov.uk/government/publicati ... or-couples


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

[JB007]

If you claimed UC as a self employed person-

Claiming Universal Credit when self-employed
...
You must make a joint claim as a couple if you live with your partner. If one of you isn’t eligible, their savings and income will still be taken into account.
https://www.gov.uk/government/publicati ... uick-guide

My understanding is that the MIF (minimum income floor) for the SE, has been waived until April 2021 due to covid.

[luqi2020]

Thank you for reply.
The tenancy agreement is only on my name.
Can you tell me please Is there any requirement for tenancy agreement should be on both name or if I just have on my name is that be okay?

[JB007]

Thank you for reply.
The tenancy agreement is only on my name.
Can you tell me please Is there any requirement for tenancy agreement should be on both name or if I just have on my name is that be okay?

For Universal Credit? If yes; there is no requirement for the tenancy to be a joint tenancy. From the link and quote I gave above, it appears it might be better for UC claimants not have a joint tenancy when one parnter is NRPF (No Recourse to Public Funds).

[luqi2020]

So for the visa extension no requirement for tenancy agreement to be on joint name.
Is it correct.

[luqi2020]

Just to clarify more if i provide tenancy agreement only on my name to apply for extension will it be fine or not?
Please reply thank you

[Amber]

You should not have a joint tenancy if one of you is subject to immigration control. Do you have children? Have you claimed council tax reduction?

[luqi2020]

You should not have a joint tenancy if one of you is subject to immigration control. Do you have children? Have you claimed council tax reduction?

Hi Amber
Thank you for reply.
Agreement is only on my name &I have British child and My council tax is included in the Tenancy agreement

[luqi2020]

You should not have a joint tenancy if one of you is subject to immigration control. Do you have children? Have you claimed council tax reduction?

Hi Amber
Thank you for reply.
Agreement is only on my name &I have British child and My council tax is included in the Tenancy agreement

I haven’t claimed council tax reduction

[Amber]

Then that should be ok.

[ILR1980]

Then that should be ok.

If one partner is subject to immigration control and other is british then British can claim UC as long as tenancy agreement is on his name ?

Or

this is exception because of COVID ?

[Amber]

Then that should be ok.

If one partner is subject to immigration control and other is british then British can claim UC as long as tenancy agreement is on his name ?

Or

this is exception because of COVID ?

See

[luqi2020]

Thank you to clarify.
Stay safe

[ILR1980]

Thanks for the link and still seem bit tricky to apply UC when one partner is subject to immigration control because advisor at benefits hardly look at it from immigration angles. I dont know why Home office guidance about benefits dont clarify UC in same fashion as they do Child/working tax credit.

Then that should be ok.

If one partner is subject to immigration control and other is british then British can claim UC as long as tenancy agreement is on his name ?

Or

this is exception because of COVID ?

See

[Amber]

At the end of the day, the choice is one you need to make whether you want to claim or not.