Claiming UC

[AARL]

Hi All,

Kindly need some advice -

I am on Indefinite Leave to Remain (ILR). Unfortunately due to business downturn at the company I work at my hours got reduced. I am currently only earning approx £1,000 per month ( which is clearly not enough to manage with a family of 4 dependants)

I was thinking of applying for Universal Credit to get assistance until I look for another job. However because my wife and three children are not permanent residents yet (they qualify after two years) , I was a bit worried If I do claim benefits which I am entitled to, then would that affect their immigration history and lead to issues when they apply for ILR ?

[AARL]

Please anyone advice

[Amber]

Ok so two things:

1. Yes you are eligible to claim UC, as you’re settled. However your spouse, if subject to immigration control eg no recourse to public funds restriction, then they would fail the habitual residence test and your claim would be paid as a single person, but would consider any income/capital your spouse has. You would have to make a joint claim for UC.

2. If your children are also subject to immigration control, they could also breach their restrictions if you’re paid public funds for them, eg child benefit or child element of UC. However, in practice I’ve not seen this happen, considering the duty of the Home Office to consider the welfare of children in any decision making under section 55 of the Borders, Citizenship and Immigration Act 2009, I cannot see this as likely. Therefore, although I cannot guarantee it, you should be ok with claiming for the children. There is also the argument they cannot be held responsible for your actions.

Council tax support is more complicated, and I’d advise not to apply as that may mean your spouse is breaching their restrictions if you apply.

Hope that helps.

[AARL]

Thank you very much for your kind advice.