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Benefits for British citizen, non-EEC wife, 2 kids w/British passports

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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benjamin74
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Benefits for British citizen, non-EEC wife, 2 kids w/British passports

Post by benjamin74 » Tue Jan 30, 2018 6:48 pm

Hello all,

Firstly, may I take this chance to say this forum is great, and although I have just signed up, it is very helpful and I look forward to using it more in the days/months/years to come...

Secondly, I am a complete newbie here, so please be gentle with me.

Okay, I have many, many, many questions and will ask on other threads the pertinent questions. However, this thread also has an interest for me. Here are my family's details and situation:

ME: UK citizen born and bred, UK passport, lived abroad last 15 years but now returned to the UK because work contract ended and desire to live here with family in the future.

Wife: Indonesian citizen, married to me for 10 years, visited UK before 7 times on tourist visa and marriage visa (we were married in Scotland)

Kids: Both born in Indonesia but both hold UK passports.

So, I returned to the UK in August 2017 for a job interview, with the plan to start work and meet the financial requirement. Unfortunately, I didn't get the job but decided to stay in the UK and find work. I start my new job in March and my basic salary will be 19,500 per year. My children finish their school year in June abroad, and will come over then to join me here in the UK. My wife will also come but only on a tourist visa, as I will not have the required 6 months pay slips. She will return to Indonesia in October, and we will then apply for ILR - SET-M visa.

Now, I have been trying to do a budget for housing, costs etc, and it is clear that we will struggle to get by each month. I was aware of this before we decided to move. My parents have since advised me that I can apply for Universal Credit, and would be entitled to such things as child allowance and housing help. I have done a few of the Benefits Calculators, and it seems I would be entitled to some money. I will be renting a place and the form is in my name only as my wife is only visiting for the first 4 months. After that, I presume I have to add her on to the details... However, I am concerned if this would affect the decision of my wife's application in October.

So, I was wondering if anybody knows if the decision for my wife's application could or would be adversely affected by the fact that I am claiming for benefits for myself and two children?

Any advice or anecdotes are greatly appreciated in advance!

Regards,

Ben

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Casa
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Re: Benefits for British citizen, non-EEC wife, 2 kids w/British passports

Post by Casa » Tue Jan 30, 2018 7:33 pm

benjamin74 wrote:
Tue Jan 30, 2018 6:48 pm
Hello all,

Firstly, may I take this chance to say this forum is great, and although I have just signed up, it is very helpful and I look forward to using it more in the days/months/years to come...

Secondly, I am a complete newbie here, so please be gentle with me.

Okay, I have many, many, many questions and will ask on other threads the pertinent questions. However, this thread also has an interest for me. Here are my family's details and situation:

ME: UK citizen born and bred, UK passport, lived abroad last 15 years but now returned to the UK because work contract ended and desire to live here with family in the future.

Wife: Indonesian citizen, married to me for 10 years, visited UK before 7 times on tourist visa and marriage visa (we were married in Scotland)

Kids: Both born in Indonesia but both hold UK passports.

So, I returned to the UK in August 2017 for a job interview, with the plan to start work and meet the financial requirement. Unfortunately, I didn't get the job but decided to stay in the UK and find work. I start my new job in March and my basic salary will be 19,500 per year. My children finish their school year in June abroad, and will come over then to join me here in the UK. My wife will also come but only on a tourist visa, as I will not have the required 6 months pay slips. She will return to Indonesia in October, and we will then apply for ILR - SET-M visa. Hold on! Your wife doesn't qualify for a SET(M) ILR application, that only comes after she has spent 5 years (2.5 x 2.5) in the UK as your spouse. She needs to apply for a Spouse Settlement visa. https://www.gov.uk/uk-family-visa/partner-spouse

Now, I have been trying to do a budget for housing, costs etc, and it is clear that we will struggle to get by each month. I was aware of this before we decided to move. My parents have since advised me that I can apply for Universal Credit, and would be entitled to such things as child allowance and housing help. I have done a few of the Benefits Calculators, and it seems I would be entitled to some money. I will be renting a place and the form is in my name only as my wife is only visiting for the first 4 months. After that, I presume I have to add her on to the details... However, I am concerned if this would affect the decision of my wife's application in October. Child benefit must be claimed in your name only, child and working tax credits in JOINT names. You can only be awarded Housing Benefit as a single person with children, although all household income will be used to calculate the entitlement.


So, I was wondering if anybody knows if the decision for my wife's application could or would be adversely affected by the fact that I am claiming for benefits for myself and two children? Not if you claim as above.

Any advice or anecdotes are greatly appreciated in advance!

Regards,

Ben
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Benefits for British citizen, non-EEC wife, 2 kids w/British passports

Post by benjamin74 » Tue Jan 30, 2018 7:48 pm

Hello Casa,
Hold on! Your wife doesn't qualify for a SET(M) ILR application, that only comes after she has spent 5 years (2.5 x 2.5) in the UK as your spouse. She needs to apply for a Spouse Settlement visa. https://www.gov.uk/uk-family-visa/partner-spouse
Yes, my mistake, sorry!
Child benefit must be claimed in your name only, child and working tax credits in JOINT names. You can only be awarded Housing Benefit as a single person with children, although all household income will be used to calculate the entitlement.
Ok - I understand, thank you.
Not if you claim as above.
Great - thank you again for the information!

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Re: Benefits for British citizen, non-EEC wife, 2 kids w/British passports

Post by CR001 » Tue Jan 30, 2018 7:56 pm

Also please note that you cannot claim joint tax credits if she is only in the UK as a visitor. You will need to wait till she has a spouse visa.
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benjamin74
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Re: Benefits for British citizen, non-EEC wife, 2 kids w/British passports

Post by benjamin74 » Wed Jan 31, 2018 9:47 am

Hi CR001,

Code: Select all

Also please note that you cannot claim joint tax credits if she is only in the UK as a visitor. You will need to wait till she has a spouse visa.
Thank you for the clarification - appreciate your time!

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