Spouse visa extension

[Charlie09]

Hello Dear,
I would like to ask few questions regarding my Mrs visa extension and I will appreciate if someone can respond.
My Mrs visa is expiring on 5th March 2021. It'd her first extension. She is not working due to baby care.
Due to Covid19, I was jobless since April and just got a job on 5th October 2020. During my jobless period, I was getting universal credit. My Mrs name is not eligible for UC but her name was on the application.
My questions are
1. Will it be alright to apply with universal credit or should I stop universal credit?
2. My first payslip will be on 15th of November 2020 while 6th payslip will be on 15th April 2021. Problem is that her visa is expiring on 5th of March 2021. Any idea how to cover this gap?
3. She has obtain B1 in 2018. Will this be valid?
Any other tips will be appreciated.
Many Thanks

[seagul]

Hello Dear,
I would like to ask few questions regarding my Mrs visa extension and I will appreciate if someone can respond.
My Mrs visa is expiring on 5th March 2021. It'd her first extension. She is not working due to baby care.
Due to Covid19, I was jobless since April and just got a job on 5th October 2020. During my jobless period, I was getting universal credit. My Mrs name is not eligible for UC but her name was on the application.
My questions are
1. Will it be alright to apply with universal credit or should I stop universal credit?
2. My first payslip will be on 15th of November 2020 while 6th payslip will be on 15th April 2021. Problem is that her visa is expiring on 5th of March 2021. Any idea how to cover this gap?
3. She has obtain B1 in 2018. Will this be valid?
Any other tips will be appreciated.
Many Thanks

1. It can certainly affect the application if the amount of benefits have been augmented from single rate to couple rate as she isn't allowed to claim any benefit. You can read about it in detail at below:
https://www.gov.uk/government/publications/public-funds

2. Despite you would have been employed for 6 months by then but wouldn't have 6 months of payslips, therefore, criteria won't met. However, if you have earned previously £18600 during the last 12 months then may try category B instead.

3. It will only be accepted if was used previously.

[Charlie09]

Dear Seagul,
Many Thanks for your reply. Much appreciated
1. Universal credit for only me and for my British child. My Mrs is not eligible and hence not getting any benefits. I have informed UC team at the time of application that she is not eligible but they said that they just need her details to add on the system.
2. It would be 17k approximately until February. If I add March payment I would be alright but march pay will be on 15th of March but visa is expiring on 5th of march. Any otherway?
3. She has used B1 at initial application so would be alright as you stated.

[seagul]

Dear Seagul,
Many Thanks for your reply. Much appreciated
1. Universal credit for only me and for my British child. My Mrs is not eligible and hence not getting any benefits. I have informed UC team at the time of application that she is not eligible but they said that they just need her details to add on the system.
2. It would be 17k approximately until February. If I add March payment I would be alright but march pay will be on 15th of March but visa is expiring on 5th of march. Any otherway?
3. She has used B1 at initial application so would be alright as you stated.

1. A mere display of the name will certainly not affect anything provided nothing extra was awarded.
2. £18600 must have been earned during the last 12 months from the date of application for letting the category B to come in to play correctly. Alternatively, a cash saving can also be used.
3. yes

[Charlie09]

Thank you Seagul,

Stay Blessed

[Charlie09]

Hi Seagul,
I went to one of the solicitor and he told me that I have to stop UC benefits prior applying the extension of my Mrs. Although, she is not getting any benefits but there is a risk of refusal involve.
That is why I sent another question if anyone has applied the application while getting UC and visa is granted.
Do you think I should inform UC team and stop it?

[CULLINAN]

Solicitors err to the side of caution and say that, you are correct to mention. This is not the first time I am hearing that.

However, as long you have Indefinite Leave to Remain or British Citizenship then you can claim any benefits you are entitled to as long as your migrant partner or migrant children will not increase the amount of benefits you are receiving.

For instance if you are already receiving £200 per week in benefits and after your partner is added to the equation your benefits do not increase then you have no problems claiming your entitled benefits.

It is important to understand that when you apply for benefits they will be in the British or ILR holders name, but the application must be filed to show that the migrant partner is part of the household as their income etc. must be taken into account.

[Charlie09]

Dear Cullinan,
Much Obliged!