PBS Dependant Visa

[drengshehata]

Hi All,
I have a quick enquiry please. I have got my ILR last October (ET route- 3 years) and my family are still on PBS dependant visa. My position was made redundant in January and I have set up a small business but no income so far. I am planning to apply for the universal credit for myself only as my family don't have recourse to public funds. If the application is approved, will this affect the family's ILR application later?
Also, if I apply for council housing, will this affect the visa application as well?
What are the benefits I am entitled to that shouldn't affect the family's visa please?
Should I be at work while applying for the visa to provide proof of income or?
Thanks in advance for your support.

[drengshehata]

Any helpful response from moderators please?

[JB007]

Hi All,
I have a quick enquiry please. I have got my ILR last October (ET route- 3 years) and my family are still on PBS dependant visa. My position was made redundant in January and I have set up a small business but no income so far. I am planning to apply for the universal credit for myself only as my family don't have recourse to public funds. If the application is approved, will this affect the family's ILR application later?

Why have you started two threads saying the same thing?

Have you read the sticky/warnings above about claiming Universal Credit with No Recouse to Public Funds dependants?
claiming-benefits/universal-credit-clai ... 02126.html

Or the post just below your (two) threads which has other links for you to read about Public Funds with NRPF dependants?
claiming-benefits/claiming-uc-joint-ten ... 19400.html

Also, if I apply for council housing, will this affect the visa application as well?

That is Public Funds too.

What are the benefits I am entitled to that shouldn't affect the family's visa please?

All the welfare benefits you are asking for are public funds and could affect your dependants visas. Is there any reason why you and your wife can't work?

Have a read of all those links about spouse and children who are NRPF and note their advice.

Should I be at work while applying for the visa to provide proof of income or?

Not sure what the income requierments are for dependant visas. Have you checked?

Are you aware that the UK has brought in new welfare laws and claimants are now required to work? Housing Benefit and the welfare benefit Tax Credit, are three of the six benefits that have been replaced by Universal Credit.

The temporary suspension of the UC MIF (minimum income floor) for the self employed due to Covid, is ending. You can read about the MIF.
https://www.moneyadviceservice.org.uk/e ... employment

Even if you state that you are not gainfully self employed to avoid the MIF, you will still be required to earn a minimum monthly amount as an employee to avoid the Universal Credit conditions that you agreed to, to be able to claim UC. That amount will likely be 35 hours a week x by the NMW of £8.91. Then mulitply by 52 and divide by 12 to get your monthly minimum.

Be aware too that the temporary extra £20 a week for UC claiminants because Covid caused people to lose their jobs, is ending next month.

[JB007]

More on the Universal Credit MIF for the Self Employed
https://www.gov.uk/government/publicati ... uick-guide

[bilallondon]

https://assets.publishing.service.gov.u ... gov-uk.pdf

goto page 12

Public funds claimed by partners not subject to immigration control

A person subject to immigration control is not considered to be illegally accessing public funds if their partner is entitled to claim them in their own right.

Although a person may be able to access public funds, they cannot rely on such prospective entitlements to assist them to meet the accommodation and maintenance requirements in the Immigration Rules when applying for permission to enter or stay.

[JB007]

https://assets.publishing.service.gov.u ... gov-uk.pdf

goto page 12

Public funds claimed by partners not subject to immigration control

A person subject to immigration control is not considered to be illegally accessing public funds if their partner is entitled to claim them in their own right.

That guidance entitled
Public Funds
Migrant access to public funds,
including social housing,
homelessness assistance and social
care

Is correct. Have you read all of your link? It is the way benefits are calculated as a couple that is the problem as they could be taking public funds. However, if they can prove that they told the relevant benefit agency that they were NRPF, then they should be ok for their visa but the claimant will have to pay all that money back. That could be thousands.

Did you read this thread and all the links about having dependants that are NRPF?
claiming-benefits/claiming-uc-joint-ten ... 19400.html

Here are the links again to avoid any misunderstanding-

Universal Credit must be claimed as a couple.
claiming-benefits/universal-credit-clai ... 02126.html

CPAG advise, in the latest edition of the Benefits for Migrants Handbook, that the only scenario that they are aware of where a joint tenancy could lead to a breach of the NRPF condition is if the claimant is a joint tenant with a partner with NRPF and there are also one or more other joint tenants. If so, the share of the rent used to calculate the claimant’s housing costs would be greater due to the presence of the partner. Immigration advice would be necessary before claiming UC in those circumstances, or indeed in any circumstances where there may be a concern about breaching the conditions attached to a partner’s leave.

Also if a child’s leave is subject to a NRPF then a claim for the child element in UC could breach the condition, in which case specialist immigration advice would also be necessary before claiming.

[JB007]

My partner is a person subject to immigration control
...
Universal Credit

If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner’s income and capital is taken into account.

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]

My child is a person subject to immigration control
...
Universal Credit

You can include a child in your Universal Credit claim, regardless of the child’s immigration status. However, if the child’s leave is subject to a no recourse to public funds condition, getting Universal Credit could affect his/ her right to remain in the UK. Get specialist immigration advice before you make a claim.
...
Non-means tested Benefits

For Child Benefit, if you are not a person subject to immigration control, you can claim for a child for whom you are responsible for, regardless of the child’s immigration status. However, if the child’s leave is subject to a no recourse to public funds restriction, claiming child benefit for her/him could affect their right to remain in the UK. Get specialist immigration advice if you are in this situation.
https://www.turn2us.org.uk/Benefit-guid ... de-content

[JB007]

From a site called No Recouse to Public Funds

Council Tax Reduction, Housing Benefit, and Universal Credit

When a person is living with a partner who is subject to the NRPF condition, they would need to find out if they have to include their partner's details on the benefit claim. If they do, they would need to find out whether they will get an extra amount of benefit because of their partner's presence in the household.

If the person who is claiming the benefit gets an extra amount because of their partner's presence, then their partner would need to seek legal advice from an immigration adviser to find out whether receiving the additional amount may affect their current or future immigration position. See our information about how to find legal advice.
https://www.nrpfnetwork.org.uk/informat ... households

[JB007]

And here is another, from Citizens Advice-


You won’t be told if a benefit or service is included in public funds when you apply, so it’s important to check for yourself.

...

If your child is subject to Immigation 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://www.citizensadvice.org.uk/immig ... n-control/

[bilallondon]

can u explain each of this?

1. Disability Living Allowance (DLA)

2. the child and childcare costs elements of Universal Credit

3. Child Benefit – if ‘no public funds’ is a condition of your child’s stay

[bilallondon]

and

4. What is Child Tax Credit?

[JB007]

and

4. What is Child Tax Credit?

That was one of the six welfare benefits replaced by Universal Credit.

can u explain each of this?

1. Disability Living Allowance (DLA)

2. the child and childcare costs elements of Universal Credit

3. Child Benefit – if ‘no public funds’ is a condition of your child’s stay

You have your own thread
claiming-benefits/universal-credit-and- ... 16-25.html

[bilallondon]

ok another question.

if a person fill universal credit application just tell them he care 2 no of children's they might take birth certificate and full time education -> does this action consider as claiming benefits for child or this is welfare right of claimant. if they are not taking DLA, child care, & child benefits from HMRC.

[CR001]

ok another question.

if a person fill universal credit application just tell them he care 2 no of children's they might take birth certificate and full time education -> does this action consider as claiming benefits for child or this is welfare right of claimant. if they are not taking DLA, child care, & child benefits from HMRC.

Can you stop tagging your questions in another members topics. It is rude and unfair.

Ask your questions in your own topic you already have!!!