Pls Help_ Partner/spouse Visa- Benefit Claim

[Muhammad123456789]

Dear all,
I need your help in regards to below matter, hope you all doing well. Thanks in advance!

I have my wife and a kid Indian nationality. And both are my dependent on Spouse visa as a British/Settled Partner. I have ILR.
Both got their initial 3 years visa and we will apply for next 2 years extension after two years.
I have applied for my baby's child benefit who born out of UK, and I am getting his child benefit every week.
Now a days I have lost the job because of Covid and struggling financially and I am looking to apply for housing benefits from council. If I take all these benefits will that effect on their next visa extension?

Please guide me in this regard.

[TODMATT]

Dear all,
I need your help in regards to below matter, hope you all doing well. Thanks in advance!

I have my wife and a kid Indian nationality. And both are my dependent on Spouse visa as a British/Settled Partner. I have ILR.
Both got their initial 3 years visa and we will apply for next 2 years extension after two years.
I have applied for my baby's child benefit who born out of UK, and I am getting his child benefit every week.
Now a days I have lost the job because of Covid and struggling financially and I am looking to apply for housing benefits from council. If I take all these benefits will that effect on their next visa extension?

Please guide me in this regard.

Housing benefit comes under as a public fund however the guidance says Public Funds

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.

[Muhammad123456789]

Thank you so much!

[JB007]

Housing benefit comes under as a public fund however the guidance says Public Funds

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.

OP can't claim Housing Benefit. Housing Benefit is one of the six welfare benefits that was replaced by Universal Credit for welfare claimants of working age. Universal Credit is made up of elements and has different rules to most (not all) of the old (legacy) welfare benefits it replaces. The Housing element of Universal Credit has different rules to the old legacy benefit called Housing Benefit.


OP will need too apply for Univisal Credit. However...


"My partner is a person subject to immigration control

If you are not a person subject to immigration control, but your partner is, rules differ depending on the benefit you want to claim.

Universal Credit

If your partner is a person subject to immigration control, you will have to make a joint claim for Universal Credit, but you will only be paid the single person rate. 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

claiming-benefits/universal-credit-clai ... 02126.html


OP and his NRPF partner will have to be careful to ensure that they do not take Public Funds for the person who is NRPF e.g. via Universal Credit; Council Tax Reduction/Allowance etc. Benefit staff are not immigration experts.


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

[Muhammad123456789]

Why not child benefit?
Isn't it that child's right to get even he born outside?
U mention about the calming benefits will effect the application but in what sense?
I have the right to claim benefits don't I?

[TODMATT]

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 ... e-sections