Can I Claim Benefits

[MeAndYou1]

Hi guys I hope you can help.

I am currently in a temp job and don't know when it will end.
I am pregnant and due in June, so doubt my job will still be going in that time.
I wanted to ask if I would be entitled to any benefits like income support or employment support allowance and what other benefits if any I would be entitled to.

My husband is not a UK national and has come here on a spouse visa which is due for renewal in 2.5 years time (he has been in UK around 4 months)

[CR001]

You can claim what you are entitled to and what you qualify for.

[MeAndYou1]

Thank you for your reply.

So it is only my husband that has no recourse to public funds..not me?

[CR001]

Yes, if you are British or have ILR, you can claim benefits. Remember though that when he comes to the time to extend his spouse visa, he has to meet ALL the same requirements again that he had to meet for his initial visa.

If you claim child benefit, this MUST be in YOUR name only.

If you claim tax credits, this MUST be in BOTH your name and your husbands name.

Any benefits your claim will be based on your HOUSEHOLD income. So if your husband works, his income will still be used in the calculation.

[MeAndYou1]

Thank you for your quick response

[Petaltop]

Yes, if you are British or have ILR, you can claim benefits. Remember though that when he comes to the time to extend his spouse visa, he has to meet ALL the same requirements again that he had to meet for his initial visa.

If you claim child benefit, this MUST be in YOUR name only.

If you claim tax credits, this MUST be in BOTH your name and your husbands name.

Any benefits your claim will be based on your HOUSEHOLD income. So if your husband works, his income will still be used in the calculation.

Also remember that the income/savings you used to say you could afford to sponsor your spouse a few months ago, will be shared by UKVI to the benefits departments.

For the Tax Credits welfare payments, they work this out based on your previous years income, your earnings during the tax year 6 April 2015 to 5 April 2016 when you claim next year. Any drop in your salary will have a 2.5k disregard, which means they give you less benefits. i.e. you earned 19k this tax year and 10k next tax year, your claim will based on you earning 12.5. They will use your husband's salary to reduce the benefits.

In April 2016, the Tax Credits welfare payments are due to reduced, so make sure to budget for this.

[MeAndYou1]

Thanks.

I had some savings but most of these are going on my sisters wedding so by the time I come to claim I won't have a lot of savings left.

[noajthan]

This HO guidance covers what is & isn't considered Public Funds so may provide you some useful insights & background information:
https://www.gov.uk/government/uploads/s ... 2_0EXT.pdf

[avjones]

Thanks.

I had some savings but most of these are going on my sisters wedding so by the time I come to claim I won't have a lot of savings left.

Be a bit careful about that. If you said at the time of your spouse visa that these were your savings which could be used to support your husband, the HO could get unhappy if you blow them on a party!

[MeAndYou1]

Thanks.

I had some savings but most of these are going on my sisters wedding so by the time I come to claim I won't have a lot of savings left.

Be a bit careful about that. If you said at the time of your spouse visa that these were your savings which could be used to support your husband, the HO could get unhappy if you blow them on a party!

Thanks for the advice. Apart from unhappy what else can they do?
I do need to use some of the money but I will still have around 10k left

[Wanderer]

Thanks.

I had some savings but most of these are going on my sisters wedding so by the time I come to claim I won't have a lot of savings left.

Be a bit careful about that. If you said at the time of your spouse visa that these were your savings which could be used to support your husband, the HO could get unhappy if you blow them on a party!

Thanks for the advice. Apart from unhappy what else can they do?
I do need to use some of the money but I will still have around 10k left

The first £16k of savings is discounted anyway.

[Bucki]

Sorry to jump in BUT
I find this very interesting as it will apply to me at some point!

My wife arrived in UK 2 and half months ago on SPOUSE VISA and holds the BRP Card!
I am aware that she is not entitled to any Benefits for 5 years - or until she holds the ILR, I guess.

however, on other side > I would be entitled to any benefits if relevant.
I guess, since I am on 22K annual Salary and I am not entitled to any Benefit , right??

Currently living at my parents on a Temp. basis but will be moving out sooner or later.
Wonder how the "Housing Benefit" would work in this part ... or will I not be entitled to?

Besides all this > if I receive any type of benefit ; will it not have an impact on the spouse visa?
I think after 2.5 years when it comes to extending my wife's Spouse visa, they will notice that I claimed benefits and might NOT extend the visa? can this happen?

What if we have a child by then?

Someone on here mentioned that all the saving declared will be shared with HMRC / Benefits.
I thought they ONLY consider over 60k as saving and not anything lower ...

as I remember, I had 11K my saving in my ISA account and about 2K in my current account
at the time when I applied for the spouse visa!

Does this mean the HMRC (benefit department) will know about those figures
and when it comes to ME claiming for child tax credit or working tax credit -> they will refuse it based on the amounts I declared?? If so > what IF I don't have any more of the money I used to have (especially once you get married, you get ripped off lol).


Thanks for the advise


PS: My previous job was on 24K and now my new job is on 22K

[CR001]

You have to declare all savings at the time when you claim any benefit. Housing benefit can only be claimed in your name at single person rate (if you qualify).

If you have children, child benefit must be claimed in YOUR name only and child tax credits must be claimed in JOINT names with your spouse.

No effect on her visa extension as long as you meet the salary/financial requirement for extension and her ILR.

[Bucki]

You have to declare all savings at the time when you claim any benefit. Housing benefit can only be claimed in your name at single person rate (if you qualify).

If you have children, child benefit must be claimed in YOUR name only and child tax credits must be claimed in JOINT names with your spouse.

No effect on her visa extension as long as you meet the salary/financial requirement for extension and her ILR.

why is it important for the TAX CREDIT to be on both names?
The financial requirement is for both: extension and ILR ?? wowwww

what if all sudden I end up unemployed and unable to find a job for a perioed of time or
not able to meet the requirement... ?? what would happen?

would H/O cancel the spouse visa and request to leave UK?
- considering we had a child by then !

[CR001]

why is it important for the TAX CREDIT to be on both names? Because that is the requirement by HMRC. If you do not claim in both names. If you do not declare your wife and claim in joint names, it is a single claim and not a true reflection of your circumstances (aka benefit fraud)

The financial requirement is for both: extension and ILR ?? wowwww Yes

what if all sudden I end up unemployed and unable to find a job for a perioed of time or
not able to meet the requirement... ?? what would happen? She won't qualify and will have to apply on FLR(FP) which is a 10 year route to ILR (4 2.5 year visas)

would H/O cancel the spouse visa and request to leave UK? No, but she will be on a much longer route to ILR.
- considering we had a child by then !

[Bucki]

what if all sudden I end up unemployed and unable to find a job for a perioed of time or
not able to meet the requirement... ?? what would happen?

She won't qualify and will have to apply on FLR(FP) which is a 10 year route to ILR (4 2.5 year visas)

WHOOOOOLY COW!
Damn... I better make sure I got a job by then lol

5 years is long enough and surely don't want the 10 years route.
I could slap that someone who made those rules.



PS: Wonder those who are on the 10 year route, why would the situation not change if they manage to get a good paid job and meet the finance requirement after all.??

[ursamyn]

Hi Char,

Looking at the above scenario's, mine is similar too.

I am on ILR granted on 1st Nov 2014 ( Previously Tier 1 G)

Wife on Tier 1 G Dependent and had an extension too until Jan 2018.

We recently had Twins on 26th Dec 2015, I beleive they can straight away apply for Passport, without going by MN1 form to register them.

Claiming benefits here is giving us clear message that:

I can claim Child Tax Credits- me being first and wife being second applicant
I can claim Child Benefit-Only under my name

But What gov site is saying about my wife's ILR application is as below:

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Eligibility for partners

You must have been given a partner visa and been living with your partner in the UK for at least:

2 years if you applied for that visa before 9 July 2012
5 years if you applied for that visa on or after 9 July 2012

When you apply for settlement,

you and your partner

must:

- be living together in your own accommodation
-

not be using public funds

Please clarify.

When it says You and Your Partner.

Thanks.

[CR001]

Hi Char,

Looking at the above scenario's, mine is similar too.

I am on ILR granted on 1st Nov 2014 ( Previously Tier 1 G)

Wife on Tier 1 G Dependent and had an extension too until Jan 2018.

We recently had Twins on 26th Dec 2015, I beleive they can straight away apply for Passport, without going by MN1 form to register them.

Claiming benefits here is giving us clear message that:

I can claim Child Tax Credits- me being first and wife being second applicant
I can claim Child Benefit-Only under my name

But What gov site is saying about my wife's ILR application is as below:

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Eligibility for partners

You must have been given a partner visa and been living with your partner in the UK for at least:

2 years if you applied for that visa before 9 July 2012
5 years if you applied for that visa on or after 9 July 2012

When you apply for settlement,

you and your partner

must:

- be living together in your own accommodation
-

not be using public funds

Please clarify.

When it says You and Your Partner.

Thanks.

You and Your Partner is your are your wife. Claiming CTC in both names and CB in your name is fine. No effect on her future immigration applications.

Also, please don't tag onto other peoples threads. Better to start your own to avoid confusion.

[Bucki]

Old topic but ...

Code: Select all

source: https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-someone-who-has-settled-in-the-uk/on-a-work-visa/a-tier-1-tier-2-or-tier-5-visa

When you apply for settlement, you and your partner must:
> be living together in your own accommodation

why can't I live at my parents house (but own room)???
It is same address as when I applied for spouse visa and got granted.

I will move out sooner or later and when it comes to proving 5 years together, will a letter (consent) from my parents be enough to mention our stay at their place from Nov 2015 until ... whenever.

Apart from bank statements, I would not have any other letters showing both of our names!


Cheers

[Casa]

Living with parents isn't a problem, but not having sufficient proof of joint address certainly is! You'd better start saving paperwork now to cover the full 2.5 year period. 6 in joint names from 3 different sources, or 12 in single names.

[Bucki]

Living with parents isn't a problem, but not having sufficient proof of joint address certainly is! You'd better start saving paperwork now to cover the full 2.5 year period. 6 in joint names from 3 different sources, or 12 in single names.

that is the problem tho, having in-sufficient papwork on both names.
At minute; all we have now is joint bank account.

she received the NINO letter per address (but might be out of date by then)
She does not have any contract phones *as not needed* nor working ... as pregnant.

it is like shooting in the dark really :/
It would be different having our own place = council tax / water-electric bills would be on our names.

What other type of documents (sources) would you suggest?

[Casa]

Living with parents isn't a problem, but not having sufficient proof of joint address certainly is! You'd better start saving paperwork now to cover the full 2.5 year period. 6 in joint names from 3 different sources, or 12 in single names.

that is the problem tho, having sufficient papwork on both names.
At minute; all we have now is joint bank account.

she received the NINO letter per address (but might be out of date by then)
She does not have any contract phones *as not needed* nor working ... as pregnant.

it is like shooting in the dark really :/
It would be different having our own place = council tax / water-electric bills would be on our names.

What other type of documents (sources) would you suggest?

You're missing the point. The date (as with the NINO) letter proves that you were living at that address at that time. One piece of evidence approx ever 4 months throughout the 2 year period (if in joint names) or more if in single names.
Mobile phone bills, GP registration? Any correspondence during the qualifying period with your names and address.