Claiming benefits with 2 year work permit partner

Ally_E.

Hello. I am trying really hard to understand the whole benefits system. What is my place in it if I have a partner that's subject to immigration control on 2 year work permit? If I make a claim myself I have to put him down as my partner, does this exclude him completely from the claim or is he treated as non-subject to immigration control? We are looking forward to getting a unmarried visa for him after his work permit expires. He won't be claiming, I will, so should I calculate as a single? I like to use entitledto website to see what we can get. Many thanks!

enabledebra

Ally_E. wrote: »

Hello. I am trying really hard to understand the whole benefits system. What is my place in it if I have a partner that's subject to immigration control on 2 year work permit? If I make a claim myself I have to put him down as my partner, does this exclude him completely from the claim or is he treated as non-subject to immigration control? We are looking forward to getting a unmarried visa for him after his work permit expires. He won't be claiming, I will, so should I calculate as a single? I like to use entitledto website to see what we can get. Many thanks!

The rules are different for different benefits. As you are planning a future together in the uk the most important consideration is that he doesn't claim 'public funds' without good reason.

THe benefits system and immigration system do not work well together and it can sometimes be the case that the benefits system allows a person to be part of a claim (and allows payment) but whilst this is a perfectly legal claim under benefit rules it may be a breach of immigration conditions not to claim 'public funds' and could put your long term settlement plans in jeopardy.

You need specialist advice and should call 0845 345 4 345 (Community legal service) for information about appropriate legal advice.

Ally_E.

enabledebra wrote: »

The rules are different for different benefits. As you are planning a future together in the uk the most important consideration is that he doesn't claim 'public funds' without good reason.

THe benefits system and immigration system do not work well together and it can sometimes be the case that the benefits system allows a person to be part of a claim (and allows payment) but whilst this is a perfectly legal claim under benefit rules it may be a breach of immigration conditions not to claim 'public funds' and could put your long term settlement plans in jeopardy.

You need specialist advice and should call 0845 345 4 345 (Community legal service) for information about appropriate legal advice.

Thanks enabledebra, that's the conclusion i have come to while researching online. It's very confusing, that's why i resorted to asking on this forum. So far I understand that if I claim for myself and do not lie about living with him and his income it's all fine, as long as living with him doesn't increase my benefits. Which it will not, he earns enough to support himself, i'm the one struggling.

MissMoneypenny

Ally_E. wrote: »

He won't be claiming, I will, so should I calculate as a single? I like to use entitledto website to see what we can get. Many thanks!

From reading other forums, I know you can't claim as a single as that would be fraud, but you must also state that your partner doesn't have access to public funds.

You will also need to ensure that when the claim comes through, that they haven't awarded extra money for your partner. ie housing claim (LHA) and under 35 should be based on the LHA shared house rate for a single, but his and your income come into the claim.

The sites www.uk-yankee.com and www.immigrationboards.com have information on what benefits can or can't be claimed.