Does Universal Credit Affect Spouse Visa?

Does Universal Credit Affect Spouse Visa Application?

Universal credit is a type of UK state-funded benefit to help certain people with their living costs.

It is usually paid in the form of a monthly or twice-a-month payment, and is mostly intended for those who are on a low income, are out of work, or cannot work.

If you enter the UK on a Spouse visa (or Partner visa), the immigration rules are fairly strict on what you can and can’t do, including whether or not you’ll have recourse to public funds and claim benefits such as universal credit.

There are also some additional factors that may influence your UK Spouse visa conditions, such as if your sponsor claims benefits themselves, and what type of benefits these are.

Can I Claim Universal Credit on a Spouse Visa?

As a Spouse visa applicant coming to the UK, you will not be able to claim Universal Credit.

This is because one of the conditions of your visa is not having recourse to public funds while in the UK. This means not claiming benefits or other state-funded financial support.

The Spouse visa requirements have been written specifically to ensure that you will not need to claim benefits in order to get by in the UK when you arrive.

For example, there are strict financial requirements that you and your sponsor must meet, as well as rules stating that your accommodation in the UK must be safe, adequate and not overcrowded.

All of these requirements should mean that you are financially stable enough to not have to rely on the state welfare system while you’re in the UK.

It is possible to apply to change the conditions of your visa so you can claim public funds, but this is only in certain exceptional circumstances.

Spouse Visa Public Funds: Can I Claim Benefits if My Partner Has No Recourse to Public Funds?

There is a way for you to change the conditions of your Spouse visa so you will be eligible to claim public funds while in the UK.

However, this can only be done in the case of certain very exceptional circumstances.

You may be able to change the conditions of your Spouse visa if:

• You don’t have any adequate accommodation or means of obtaining it
• You have adequate accommodation but you can’t meet essential living needs
• There are compelling reasons related to your child’s welfare as a result of your low income
• There are other exceptional circumstances relating to your financial situation

If any of these apply to you, you will have to give a detailed package of evidence to the Home Office that gives a full overview of your financial situation and living arrangements. These may include (but not be limited to):

• Bank statements of all people living in your household
• Breakdowns of monthly income and expenditures
• Tenancy agreements or mortgage statements
• A recent P45/P60 and a letter with details of employment
• Letters outlining the support being received from Local Authorities, charities, organisations, friends, or family members

Note also that changing the conditions of your visa will mean that you will likely be placed on the 10 year route to indefinite leave to remain if you’ve been on the 5-year route.

When Can I Claim Universal Credit on a Spouse Visa?

You will not be entitled to claim benefits such as Universal Credit when you’re in the UK on a Spouse visa, unless you’re in exceptional circumstances.

However, this condition will change once you progress onto a more permanent immigration status in the UK, such as indefinite leave to remain (ILR).

For most Spouse visa holders, it takes 5 years to become eligible for indefinite leave to remain from a Spouse visa. After you successfully apply for ILR, you will then have recourse to public funds and be able to claim benefits such as Universal Credit.

You will also be able to claim benefits if you can successfully apply for settled or pre-settled status under the EU Settlement Scheme.

Note that one condition of claiming benefits with ILR is that you must be habitually resident in the UK. This means that you’ll be planning on living in the UK for the foreseeable future.

Can My Spouse or Partner Claim Universal Credit if I’m on a Spouse Visa?

Your UK-based spouse or partner will be able to claim Universal Credit without affecting the eligibility of your Spouse visa application.

Note, however, that your application for a Spouse visa may have some effects on the way in which your spouse applies for Universal Credit, and how it is paid.

For example, your spouse will not be able to claim any additional benefits as a result of you or your children joining the household. In addition, your spouse must claim the benefits in their name only, but also take into account your additional income when factoring in how much they may be entitled to.

It is also possible for your partner to earn other kinds of benefits without it affecting your eligibility for the Spouse visa, such as Child Tax Credit and Employment and Support Allowance, among others.

However, there are certain benefits that may change some of the criteria for your Spouse visa application, particularly in regards to the financial requirement.

Does Universal Credit Affect Spouse Visa Extension and Financial Requirements?

If your UK-based partner is in receipt of certain state benefits, it will affect the way in which the financial requirement for the Spouse visa is judged.

The normal minimum income requirement for a Spouse visa is £18,600. This raises by £3,800 if you wish to add a dependent child to your application, and then by £2,400 for each additional dependent child.

However, you will not be required to meet the minimum income requirement if your UK-based sponsor receives any of the following benefits:

• Carer’s Allowance
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Personal Independence Payment
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
• Police Injury Pension

If your sponsor receives any of these benefits, you may instead meet the financial requirement by proving that you meet the “adequate maintenance” threshold as opposed to the minimum income threshold.

Can I Access the NHS and Other Public Funds on a Spouse Visa?

You will be able to use the NHS when on a Spouse visa in the UK, but only after paying the immigration health surcharge.

The immigration health surcharge is an additional fee that all Spouse visa applicants must pay when applying for a Spouse visa.

It costs £624 for every year you’ll be staying in the UK.

For example, if you’re on the 5-year route to indefinite leave to remain, you will have to pay a total of £3,120.

You will be able to access the NHS for free once you successfully apply for indefinite leave to remain.

Can I Apply for a UK Spouse Visa While on Universal Credit?

If your UK partner is currently on Universal Credit, then yes, they can still sponsor you, though it will be more challenging to meet the income requirement. This is because: 

• Having savings of over £6,000 reduces the amount of Universal Credit received. 
• If you are in the UK on another visa and live with your UK partner who receives universal credit, then your wages reduce how much UC they can receive. For every £1 you earn, their payment will decrease by 55p. This impacts the amount of income they can contribute to meet the income requirement.
• Even if your partner received the UC, they would still not likely receive enough income to satisfy the £29,000 income allowance on their own. 

These factors make it particularly challenging for your partner to sponsor you. It isn’t, however, impossible. This is because the income requirement is based on the household income, rather than being entirely dependent on the sponsor’s income. 

Meeting the Household Income Requirement on Universal Credit

If you are currently in the UK on another visa (work, youth mobility, etc) then you currently have the right to work in the UK. Your income, then, can be used towards the household income requirement necessary to switch to the spouse visa. If you make more than £29,000 per year already and live with your UK partner, this will have satisfied the UK spouse visa’s income requirements on your own. 

Permitted Benefits and Their Impact on the UK Spouse Visa

If your UK-based partner is in receipt of certain state benefits, it will affect the way in which the financial requirement for the Spouse visa is judged. For example, if you are applying for the 5-year UK spouse visa route, and your partner currently receives one of the “permitted benefits, listed below,” you won’t need to meet the income requirement. Instead, your partner will need to satisfy the requirements of the adequate maintenance test. 

The maintenance test is proof that your income after housing costs is greater than or equal to the Income Support that an equivalent family unit can receive. If it’s just you and your partner, this will be the Income Support for a two-person household. Currently, the caps are: 

Permitted Benefits List

• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injury Disablement Benefit
• Attendance Allowance
• Pension Age Disability Payment (Scotland)
• Carer’s Allowance
• Personal Independence Payment
• Adult Disability Payment (Scotland)
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
• Child Disability Payment (Scotland)
• Adult Disability Payment (Scotland)
• Carer’s Support Payment (Scotland)
• Pension Age Disability Payment (Scotland)
• Scottish Adult Disability Living Allowance (Scotland)

Combining Income with Universal Credit 

While many on Universal Credit will lose their UC if they earn over a certain threshold, this isn’t always the case. For example, your UK-based partner can also continue to work (sometimes only up to the income threshold) and receive benefits through any of these programs: 

• Adult Disability Payment (ADP)
• Armed Forces Compensation Scheme
• Armed Forces Independence Payment
• Attendance Allowance
• Carer’s Allowance
• Carer Support Payment
• Child Disability Payment
• Disability Living Allowance (DLA)
• Employment and Support Allowance (if you get the support component)
• Guardian’s Allowance
• Industrial Injuries Benefits (and equivalent payments as part of a War Disablement Pension or the Armed Forces Compensation Scheme)
• Pension Age Disability Payment
• Personal Independence Payment (PIP)
• Scottish Adult Disability Living Allowance (SADLA)
• War pensions
• War Widow’s or War Widower’s Pension

As these benefits are not means-tested, they can more effectively be used towards meeting the household income requirement.

What happens if household income drops below the income requirement? 

You only need to prove that you meet the household income requirement during the application process. If you or your spouse loses a job or access to public funds and this puts your household income below £29,000, then the spouse visa will not be immediately revoked, giving you time to find alternative income arrangements. Future visa extensions or ILR applications, however, may be rejected. 

Can Someone on a Spouse Visa Claim Carer’s Allowance or PIP?

Non-UK spouses or partners on the Spouse visa cannot claim public funds. Public funds cover a range of state-funded benefits, from Universal Credit to Carer’s Allowance or Personal Independence Payment (PIP). This is because your visa is subject to the No Recourse to Public Funds (NRPF) condition. 

However, after you have completed your five-year residency requirement, you can switch to Indefinite Leave to Remain (ILR) and receive a carer’s allowance or PIP. 

What Does “No Recourse to Public Funds” Mean for Spouse Visa Holders?

No Recourse to Public Funds means that you cannot access any state-funding benefit, including: 

• Universal Credit
• Pension Credit
• Child Benefit
• Personal Independence Payment (PIP)
• Disability Living Allowance (DLA)
• Attendance Allowance
• Carer’s Allowance
• Winter Fuel Payments and Cold Weather Payments
• Funeral Payments
• Sure Start Maternity Grants
• income-related Employment and Support Allowance (ESA)
• income-based Jobseeker’s Allowance (JSA)
• Income Support
• Housing Benefit
• Council Tax Reduction/Council Tax Support or Council Tax Benefit
• Discretionary Welfare Payments
• Household Support Fund assistant

You can also not apply for council housing or make a homeless application to your local council. The only exceptions to this are if: 

• Your child’s health is at risk, in which case you’d be housed under the “Children Act”
• If you are disabled and need assistance, you may be housed under the “Care Act”
• You work in a key role, such as nursing. In this case, you may be able to apply for key worker housing. 

The Difference Between Public Funds and Public Services 

Public funds refer to benefits such as Universal Credit or housing benefits. Public services, such as the NHS, are different. You can access public services like the NHS as you have paid the Immigration Health Surcharge (IHS). 

Some public services, however, are linked to public funds. NHS dental care, for example, will not usually be available to those on the Spouse visa, as you cannot enrol on Universal Credit or gain other benefits (which is one of the main eligibility factors for NHS dentistry). The only time you can qualify for this public service, then, is if: 

• You are pregnant or have recently given birth, in which case you can receive free dental care with your valid Maternity Exemption Certificate (MatEx). 
• Qualify for the HC2 certificate to enroll in the NHS Low Income Scheme (LIS), which is available to you even without access to public funds. 

Does Universal Credit Affect Indefinite Leave to Remain or British Citizenship?

No, if your partner receives Universal Credit, it will not affect your Indefinite Leave to Remain application. If you later apply for and receive UC, it will also not affect your British citizenship application. 

The only time your application may be impacted by Universal Credit is if you used false information to receive it, known as benefits fraud. If the Home Office suspects benefits fraud, it could prevent you from obtaining ILR or citizenship, as it impacts the “good character” requirement. 

When Can I Apply for Universal Credit? 

You will become eligible for Universal Credit after successfully applying for ILR. It generally takes around 5 weeks for your Universal Credit application to go through. 

Timing Considerations: When to Apply for Citizenship After Receiving Benefits 

As Universal Credit does not affect your citizenship application, you can apply as soon as you can, which is: 

• At least 12 months after receiving your ILR status. 
• After saving up for and paying the naturalisation fee of £1,605

Can I Switch Visa Types or Remove NRPF to Access Universal Credit?

Yes, you can either switch visa types or apply to remove NRPH to access Universal Credit using the following leave to remain appendixes: 

• Appendix FM (on the 5-year or 10-year settlement route) 
• Appendix Private Life 
• Appendix Child Relative (Sponsors with Protection) 

To successfully apply for public funds through those routes, you must prove: 

• You are destitute 
• You are at risk of imminent destitution (meaning you’re unlikely to continue to meet your accommodation and living costs after three months) 
• There are significant welfare risks to your child 
• There are exceptional circumstances affecting your income or expenditure 

You can also make a change of conditions application. This is for when people whose circumstances have changed since receiving your leave to remain. You can apply for a change of conditions if: 

• You have separated from your partner 
• You’ve become too unwell to work 
• You’ve taken on caring responsibilities. 
• Other exceptional circumstances. 

Applying for a Change of Condition can be very difficult, and a decision could take months. 

The best thing you can do to ensure your CoC application goes through quickly is to contact our experts using our online form or by calling +44 (0)333 414 9244. We’ll ensure the application contains all the information necessary to speed up the process. 

Practical Steps: Applying, Appealing, & Managing Your Claim

Applications when applying as part of a mixed household (where one member has access to public funds and the other does not) can be complicated. This is because while the UK spouse can claim benefits for themselves, they cannot claim benefits that would extend to the partner or other members of the household with NRPF. 

For your UK-based partner to apply for Universal Credit, you will need to make a joint application, even if you cannot receive benefits. This is because your household income is taken into consideration when providing Universal Credit. The partner on the Spouse visa, however, will be “discounted” from the amount received. 

This means that making a joint application will not negatively impact your immigration status. 

To make the application, follow these steps: 

1. Create two accounts, one for each person. 
2. Start your application. 
3. Make sure you select “yes” to whether or not you have a partner who lives with you. 
4. Get the link code and link your accounts together. To do this, you’ll need the link code, your partner’s first name, and the post code. 
5. Input all the information (this must be done by each of you) 
6. You can see what your partner has done on the Partner’s Details tab. You cannot fill out their information for them. 
7. Upload proof of housing costs
8. Confirm your identity 
9. Confirm the information is correct and you’ve understood and accepted your commitments. 
10. Apply

To apply, you’ll need to include:  

• Your bank, building society, or credit union account 
• An email address
• Access to a phone 
• Proof of identity (driving license, passport, debit or credit card, payslip or P60) 
• Information on costs (housing or childcare)
• Earnings and savings
• National Insurance numbers
• Any other benefits you may receive 
• Information about any disability or health condition that impacts your ability to work. 

If you don’t have access to a computer, you can apply via the Universal Credit helpline or go to a job centre. 

What You Can Do If the Universal Credit Claim Has Been Rejected

If your joint claim has been rejected or the amount seems incorrect, your UK partner can ask the Department for Work and Pensions (DWP) for a mandatory reconsideration within 1 month of the decision. 

To ask for a mandatory reconsideration, your partner will need: 

• The decision date
• Outline of why you disagree
• The UK partner’s name, address, and National Insurance number. 

There are 4 ways to ask for a mandatory reconsideration: 

1. Fill out the CRMR1 mandatory reconsideration request form. 
2. Write a message in the Universal Credit online account.
3. Write a letter to the DWP. 
4. Call the Universal Credit hotline. 

Children of Spouse Visa Holders and Benefit Entitlements

Your child may have access to public funds if they were born in the UK. This is because if one parent is a British citizen, has ILR, or settled status, then children born in the UK to them will automatically be recognised as citizens. If a British citizen’s child was born outside the UK, you may need to register them before they can become citizens. 

All other children will need to apply for the family visa to come to the UK with no recourse to public funds. 

What Services Can Children on the Family Visa Access? 

Children on the family visa who reside with you in the UK do have access to public services, including the NHS (after paying the IHS). This means they can access: 

• State-funded education 
• Free dental care (for those under 18) 
• The NHS 

Accessing the Child Benefit

As eligibility for the Child Benefit is dependent on the parent, not the child, the UK parent could apply for and receive the Child Benefit. However, as the child with the NRPF visa will be the beneficiary of this benefit, it may impact their current or future immigration situation. 

That’s why you should always seek out professional immigration advice from our experts here at IAS. We stay updated on the latest changes to immigration law, and can advise you on how applying for Child Benefit may impact your child’s current or future immigration situation. 

Impact of Unauthorised Public Funds Access on Future Immigration

Accessing public funds when you are on a visa with NRPF conditions has serious consequences. If you are found to have breached your visa conditions, then: 

• Your current permission to stay could be revoked 
• Future visa extensions, ILR, or citizenship applications could be denied 

If you ever need more clarification on applying for single benefits on a joint application, or have any other questions about how benefits could affect your visa conditions, get in touch with our experts. We’ll be happy to advise you on the best course of action to protect your visa status and future immigration chances. 

Who Can and Who Cannot Claim Universal Credit on a Spouse Visa

The key takeaway pieces of information you need to know in terms of who can, and cannot, claim Universal Credit are: 

• The UK partner who is either a British citizen, has Indefinite Leave to Remain, or Settled Status under the EU Settlement Scheme can access Universal Credit while sponsoring their spouse or partner. 
• The person on the Spouse visa (or their dependents), who has no recourse to public funds, cannot claim Universal Credit
• If the UK partner were to make a Universal Credit claim, you would each need to make an account and link them together to make a joint claim. This is so that the total household earnings are considered in the application. 
• Those with a NRPF visa could access public funds if they successfully make a Change of Conditions application. 

How Can IAS Help with Spouse Visa Applications and Universal Credit Concerns?

The Spouse visa is notorious for having reasonably strict restrictions both in the application process and after you come to the UK.

If you’re having difficulty with some of the conditions of the Spouse visa, or you require more information and expert guidance in regards to your immigration situation, IAS can help.

We are expert immigration lawyers with years’ worth of experience working in the UK immigration sector. We have helped thousands of people successfully obtain Spouse visas to come to the UK, and are dedicated to making sure that we provide the highest quality of service possible for all of our clients.

We can help if you need additional advice with your Spouse visa application, determining your eligibility for it, or putting together a folder of documentary proof and evidence for the Home Office to consider when processing your application.

We can also assist in ensuring that you fully understand the rights and requirements of the Spouse visa, so you’re not caught out if you’re unsure about what your entitlements are in the UK.

For more information about the services we offer, and what we can do for you, reach out to us on 0333 4149244, or contact us online.