Marriage to woman from India and benefits

[Deleted User]

I currently get uc lcwra and pip daily living higher rate and am British citizen, if I marry a woman from India and she comes here can she claim any benefits from day one or does she have to wait 5 years to get benefits after receiving indefinite leave to remain status.

Muttleythefrog

No... She will be subject to No Recourse to Public funds until and unless as you point to she gains Indefinite Leave to Remain (most likely can be applied for after 5 years legal residence here - 2 x 2.5 year Leave to remain as a spouse Visas). 

When she moves in tell Universal Credit (and the local authority if for example you're claiming council tax support, PIP do not need to be informed). She will have to apply for U/C and be linked to your claim. They will carry out a habitual residence test (a broad description of a test that covers many scenarios including for immigrants) which will review her immigration status and they should confirm she is not entitled to U/C and then your claim will remain in payment as if a singular claim and her U/C account will likely be frozen. Her earnings and savings of course would be included in any calculation for U/C however so while she cannot receive payment she is included in any assessment of the entitlement. I have seen cases where this factor has placed some strain on a relationship because the incoming party wants to start a new life which includes working and this impacts benefit entitlement which the usually disabled British partner (Disabled being common because a benefit claimant otherwise wouldn't likely meet the financial test rules) has come to rely on psychologically and practically.

Good luck.. and prepare for all the big expenses... immigration applications are as you probably know now not cheap at all... make sure you understand the rules (which of course could in future change) for the relevant visa and whether you (both) meet the requirements and be prepared for the documentary demands in the process. After gaining ILR and remaining married to you she would be eligible under current rules to apply for Naturalisation as a British Citizen immediately (if not married to British citizen would be a 12 month wait) which would convey a further entitlement to register to vote and apply for UK passport.

N.B. Public funds broadly are income related and disability related benefits. Contribution related benefits are typically not considered public funds. The government provide a detailed list although not complete last I checked.

[Deleted User]

Yes she won't work as she will be my carer for 5 years.

How much am I looking at for immigration fees roughly

I don't claim housing benefit I own my own house and don't get council tax reduction

sheramber

As you are in receipt of PIP you do not need to meet the financial  requirements to apply for a visa.

You will need to show you are in a position  to support you both.

Do you intend to marry in India before applying for a spousal visa?

Muttleythefrog

[Deleted User] said:

Yes she won't work as she will be my carer for 5 years.

How much am I looking at for immigration fees roughly

I don't claim housing benefit I own my own house and don't get council tax reduction

The fees are meant to reflect the cost of visa processing but that has not been the recent reality. The fees have dramatically gone up in recent times (running at around 70-80% pure profit) and also now include an increasing Immigration Health Surcharge (money intended to go straight to our NHS)... below link is to the current fees which are usually annually reviewed but do not forget the IHS is not listed there.

There's plenty advice online on immigration boards and solicitor pages if you want further understanding but calculating your costs significantly can be affected by where and when you intend to marry as that'll determine how you start the process... she could come here as a fiancée and marry or you may choose to marry elsewhere before starting the immigration process... you could even marry here with intent to live elsewhere but that sounds less likely.

All in all though you should expect in order to get to the point of her getting ILR it will cost (assuming you don't pay a solicitor for help) very roughly in immigration fees based on current numbers around £11k-£15k (over the roughly 5 years). A 2.5 year leave to remain application within the UK alone costs the best part of £4k and there are many niggling costs from travel (to provide biometrics), tests (like English tests, Life in the UK) to acquiring documents etc. Most concerning is while Visa fees have ramped up the Immigration Health Surcharge has been used as a political weapon and not just been imposed but dramatically increased since it was and now is pretty much as big a consideration as the Visa fees themselves. We cannot discuss political policy here but I think it important to warn you about this because migrants can be very heavily targeted for cash without much political consequence as most immigrants cannot vote and a large proportion of the population won't care. Changes can happen fast and the strain of, or threat of, changing immigration rules and costs can be a burden psychologically as well as practically while someone is subject to immigration control. 

On your statement "Yes she won't work as she will be my carer for 5 years." I would add a couple of cautions. Relationships are checked for authenticity to some degree and some nationalities (like those of developing nations in Asia!) invite far bigger scrutiny than others... so do not enter arrangements unless marriage or marital type relations are the primary matter of concern and you have formed a genuine life long intended relationship and ideally spent some notable time together which you can prove.  Second caution... people can change... being a carer.. especially a full time carer can be highly restrictive and health harming... and many would struggle with such.. that may be particularly elevated an issue for someone trying to start a new life who may have few people to turn to for support.

Huge decisions... and big costs... but potentially great rewards.. my Mexican partner became British just last month. Cultural differences I would also add to consider... you might be surprised by what comes up.. my wife struggles even after 9 years with the poor quality and availability of British food.. she loves meat but cannot stand eating British meat... she loves fresh fruit and vegetables but finds British options very restricted and the quality poor. India is notorious similarly for its food culture and fresh diverse options. My wife also struggles badly with using the NHS (including dental) as she is just not used to such poor service, patch up mentality, and lack of professional interest. Many migrants I speak to also struggle with the NHS as they find it so poor compared to private care they're used to in often far poorer countries - this is something many Brits will not comprehend as we're schooled to think the NHS is some world leading option when in reality it is perhaps better considered as a broad public service. Weather - many foreigners hate it.. my wife discovered late in life she was asthmatic when she faced her first British winter and was almost killed... the cold weather is restrictive and we ended up moving to Cornwall (warmer winters) to improve the quality of our lives. Many migrants can be quite frustrated at how red tape rich the UK is to do many things and can be surprised at how poor public services are like trains for a wealthy first world nation. Migrants however do tend to see the diverse well paid economy as a big plus along with the relative stability and safety.

 https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-10-april-2024

[Deleted User]

sheramber said:

As you are in receipt of PIP you do not need to meet the financial  requirements to apply for a visa.

You will need to show you are in a position  to support you both.

Do you intend to marry in India before applying for a spousal visa?

Yes Marry in India then marry in registry office in England.

peteuk

It is very difficult to get a Visa from India, Im have no doubts that this is a genuine marrage, but be careful.  If you go to India to marry and get stuck in a Visa dispute, it may well affect your UC and PIP claim depending on how long your out of the country for. 

Muttleythefrog

[Deleted User] said:

sheramber said:

As you are in receipt of PIP you do not need to meet the financial  requirements to apply for a visa.

You will need to show you are in a position  to support you both.

Do you intend to marry in India before applying for a spousal visa?

Yes Marry in India then marry in registry office in England.

I presume the Indian marriage is of form not recognised here (otherwise you'd not be seeking to marry the same person twice). She would therefore have to come on a Fiancée visa to begin with which gives her 6 months to marry you here (similar to the US show 90 day Fiance if you ever watch that!). After you marry she applies for leave to remain as your spouse - I spent the day after my marriage doing paperwork! After that term of 2.5 years leave to remain as your spouse she would apply for another and then after those 2.5 years she could apply for ILR (on the 5 year partner route) which would take her out of immigration control. 

But you've a lot to consider... this isn't a process you should start until you see all boxes being ticked down the line including meeting the visa rules (current)... and like I say... do not underestimate the challenges to face beyond those a regular couple will face given your needs and expectations of her plus the cultural considerations. 

Rubyroobs

You say your wife is going to be your carer and won't work, so as others have said your benefits which I doubt are much if you are just getting standard and LCWRA elements of Uc and PIP will need to support you both. It's going to be pretty difficult for some years.

[Deleted User]

Rubyroobs said:

You say your wife is going to be your carer and won't work, so as others have said your benefits which I doubt are much if you are just getting standard and LCWRA elements of Uc and PIP will need to support you both. It's going to be pretty difficult for some years.

Yes there's no choice over that, if she gets a job it will mess up my uc lcwra, after 5 years she can carers allowance.

Danien

[Deleted User] said:

Rubyroobs said:

You say your wife is going to be your carer and won't work, so as others have said your benefits which I doubt are much if you are just getting standard and LCWRA elements of Uc and PIP will need to support you both. It's going to be pretty difficult for some years.

Yes there's no choice over that, if she gets a job it will mess up my uc lcwra, after 5 years she can carers allowance.

I don't understand, why is that the reason she won't be working? I'm confused.