Claiming Universal credit as british citizen and wife on spouse visa

[rockon4584]

Hi Guys,

Need a valuable advice from the professional advisers plz.
i have gone through a lot of posts regarding this topic but nothing is very clear. i would appreciate if some one could give a clear answer.

Iam a british citizen and i have two kids who are also british and my wife is Pakistani citizen who is on spouse visa at the moment. I earn 24k per annum which is more than the required amount for sponsoring spouse visa (18.5k).

i was wondering if i can apply for universal credit, i did a lot of research if iam eleigible or not but no clear answer. Citizen advice say that you can apply and Universal credit team have taken all our details and rejected my wife's HRT habitual residence test. after all the calculations iam eligible for a few pounds but iam still concerned as my wife's visa approval letter it says that "YOUR SPONSOR CAN NOT TAKE ANY BENEFITS ON YOUR BEHALF"
The problem is that although my wife is not getting any personal allowance, but in some threads and Turn 2 US states that the housing allowance element takes in to account mine and my partner's share of rent.
iam really confused in this matter.

The tenancy agreement is on my and wife's name
i would really appreciate if some one can confirm that can i take UC without breaching my wife's immigration history.

[JB007]

Turn 2 US states that the housing allowance element takes in to account mine and my partner's share of rent.
...

The tenancy agreement is on my and wife's name
i would really appreciate if some one can confirm that can i take UC without breaching my wife's immigration history.

I doubt anyone here can answer that? Turn2us advise to take specialist advice.

[rockon4584]

hi,

Thanks for the reply, but there would be somone who can clarify this query as it is a very big confusion.

if we take the benefits if not eleigible, then it is a serious offence, but on the same hand if we are eligible and not taking universal credit then we are loosing some serious money every month.
iam sure that there are many other people who are also in the same situation.
I would appreciate if some one has an updated information from any solicitors.
Also i wanted to say that if i remove my wife from the benefit calculator and do the calculations my housing entitlement still remains the same, as i will need one bedroom for myself even if i don't have a wife.
I can get the tenancy agreement changed to only my name but that would be cheating again?

would appreciate for any fedback.

[JB007]

Also i wanted to say that if i remove my wife from the benefit calculator and do the calculations my housing entitlement still remains the same, as i will need one bedroom for myself even if i don't have a wife.

You are not a single parent, you are part of a couple.
https://www.gov.uk/government/publicati ... or-couples

[JB007]

I can get the tenancy agreement changed to only my name but that would be cheating again?

I've been thinking about this - and I don't know. You might have to ask the DWP (who run Universal Credit) as you haven't claimed UC yet.

But will the landlord agree to this? LLs tend to prefer having all the adults names on the tenancy because that make everybody liable for all the full rent.

Also be aware that although you cannot have extra benefit money for your wife, when she is granted ILR and you change your UC claim to reflect this, she will be expected to work. Unlike the benefits UC replaces, on UC both parents are expected to work.
https://www.gov.uk/universal-credit/you ... sibilities

[Amber]

Insofar as the amount of public funds are not increased because of the presence of a person who is subject to immigration control e.g. your wife, then the claim should be ok. See also,

[kajis]

Great Job Amber thanks, i read this site couple of days ago... there is still a little confusion as its says single claim but when you live with partner you have to claim jointly. so i did and she did not pass the residence test and got refused for UC they sent me a letter as well and her account has been removed. only my account left in which her name is mentioned every time i got the statment saying that she has got 00.00 amount.

In my case i am british my 2 kids are also british i earned 30 to 32K since last past 3 years which is more than enough to pass the income threshold for my wife ILR.
Just need to understand as i am earning more than a threshold since last past 3 years and entitled to get the benefit which is i am taking and the adequate mantainence is fulfilled can they raised the question about it?..still confused wether is this a breach of law? as DWP sent me the letter for her been rejected and she is not getting any amount from public funds.
so please if you understand and know about this please give me some advise would be appreciated
thanks

[JB007]

From Citizens advice-

If your child is subject to immigration control, but you’re not

You can usually claim benefits included in public funds for your child if they’re subject to immigration control for benefits and services, but you’re not.

This doesn't apply to:

Disability Living Allowance (DLA)
the child and childcare costs elements of Universal Credit
Child Benefit – if ‘no public funds’ is a condition of your child’s stay

Get immigration advice before you try to claim one of these benefits
https://edit.citizensadvice.org.uk/immi ... n-control/#!


The most recent, 17 March 2021 Immigration staff guidance for how to make 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]

My child is a person subject to immigration control
https://www.turn2us.org.uk/Benefit-guid ... ion-contro

[JB007]

The above two posts of mine I put on the wrong thread: would a mod please remove them, thanks.

[JB007]

Great Job Amber thanks, i read this site couple of days ago... there is still a little confusion as its says single claim but when you live with partner you have to claim jointly. so i did and she did not pass the residence test and got refused for UC they sent me a letter as well and her account has been removed. only my account left in which her name is mentioned every time i got the statment saying that she has got 00.00 amount.

In my case i am british my 2 kids are also british i earned 30 to 32K since last past 3 years which is more than enough to pass the income threshold for my wife ILR.
Just need to understand as i am earning more than a threshold since last past 3 years and entitled to get the benefit which is i am taking and the adequate mantainence is fulfilled can they raised the question about it?..still confused wether is this a breach of law? as DWP sent me the letter for her been rejected and she is not getting any amount from public funds.
so please if you understand and know about this please give me some advise would be appreciated
thanks

Probably the most common querstion on here, please read the sticky above
claiming-benefits/universal-credit-clai ... 02126.html

As that link to the gov.uk site shows, you had to make a joint claim as you have a partner, it's benefit fraud if you claim to be single when you are not. This appears to be how how Universal Credit links your NRPF wife to your account so that her earnings are then used to calculatate the monthly UC amount. She can't take public funds, but her earning etc are used to calculate the monthly UC payment

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

You are required to check benefit claims to ensure the details are recorded correctly e.g. that your wife is linked to the claim (becasue HMRC will infomr the DWP if she has any earnings during the UC nonthly assessment period) but that the monthly UC money does not incude any money for your NRPF wife.

[JB007]

When you claimed Child Benefits for your children, you linked your NRPF partner by putting her details too, so that HMRC can check if she or you earned over 50k that tax year as that might affect the Child Benefit amount.

Universal Credit is also linked to partner who can't take public funds, because as a means tested benefit, your partners income/capital etc are used in your monthly Universal Credit payment but they can't have public funds. HMRCs Real Time Information system means that each time an employee is paid, HMRC is informed. HMRC then tell the DWP how much you and how much your partner earned, to enable the DWP to calculate that months Universal Credit payment.

[kajis]

Great Job Amber thanks, i read this site couple of days ago... there is still a little confusion as its says single claim but when you live with partner you have to claim jointly. so i did and she did not pass the residence test and got refused for UC they sent me a letter as well and her account has been removed. only my account left in which her name is mentioned every time i got the statment saying that she has got 00.00 amount.

In my case i am british my 2 kids are also british i earned 30 to 32K since last past 3 years which is more than enough to pass the income threshold for my wife ILR.
Just need to understand as i am earning more than a threshold since last past 3 years and entitled to get the benefit which is i am taking and the adequate mantainence is fulfilled can they raised the question about it?..still confused wether is this a breach of law? as DWP sent me the letter for her been rejected and she is not getting any amount from public funds.
so please if you understand and know about this please give me some advise would be appreciated
thanks

Probably the most common querstion on here, please read the sticky above
claiming-benefits/universal-credit-clai ... 02126.html

As that link to the gov.uk site shows, you had to make a joint claim as you have a partner, it's benefit fraud if you claim to be single when you are not. This appears to be how how Universal Credit links your NRPF wife to your account so that her earnings are then used to calculatate the monthly UC amount. She can't take public funds, but her earning etc are used to calculate the monthly UC payment

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

You are required to check benefit claims to ensure the details are recorded correctly e.g. that your wife is linked to the claim (becasue HMRC will infomr the DWP if she has any earnings during the UC nonthly assessment period) but that the monthly UC money does not incude any money for your NRPF wife.

she is house wife and never work during her stay

[kajis]

Thanks JB ,
i read it all new rules as well but my point is that she is not taking any benefit all is her name appear in UC because i have to apply as couple joint account mentioned in my 1st post. she is not earning and she is not getting any single penny from DWP as i am elligible and all is under my name.

i need further advise from some one who gone through with this
thanks

[JB007]

she is house wife and never work during her stay

Then each month (your Universal Credit assessment period) she isn't working, her earnings will show £0.00 for that monthly Universal Credit calculation.

She doesn't have to work, but if she does, her earnings will be used in your Universal Credit calculation.

[JB007]

she is not getting any single penny from DWP as i am elligible and all is under my name.

Then she is not taking public funds if you are not being given additional money for her.

Those who are NRPF can't take public funds (unless there is an exemption), but if they choose to work, their monthly salary will used to reduce their partner's monthly Universal Credit payment.

[kajis]

she is not getting any single penny from DWP as i am elligible and all is under my name.

Then she is not taking public funds if you are not being given additional money for her.

Those who are NRPF can't take public funds (unless there is an exemption), but if they choose to work, their monthly salary will used to reduce their partner's monthly Universal Credit payment.

yes great thats what my point was as i am earning more than the threshold so my concern is that in the ILR form there is a section asking you or your partner taking any benefits if you put yes than how they come to know that who is taking as there is no covering letter to explain tham the situation as all is now online subbmission

[kajis]

she is house wife and never work during her stay

Then each month (your Universal Credit assessment period) she isn't working, her earnings will show £0.00 for that monthly Universal Credit calculation.

She doesn't have to work, but if she does, her earnings will be used in your Universal Credit calculation.

yes correct its shows 0.00 as i mentioned in my above post