Graduates & Benefits & EU status

Swanseajack

Hi, trying to understand how I can best help my daughter and where to point her in the right direction for appropriate advice. She has just graduated but not yet secured a full time job. Her EU boyfriend has been here on a Student visa, and has also just graduated. They are now hoping to move into a flat together next month. Can my daughter claim Universal Credit, or will her boyfriend's 'EU status' be an impediment to that? Also, am I right in understanding that my daughter can't claim JSA as she has not worked in the last 2 years? It all seems quite complicated post-Brexit! If anyone has any knowledge or advice it would be good to hear of any similar experiences. Thanks a lot

NedS

Your daughter can make a claim for Universal Credit. If/when she moves in with her boyfriend, then she must report a change that she now has a partner and they are living together. He must then make a claim for UC (if he has not already done so) and their two claims will be joined together as a joint couple claim.

When he makes him claim for UC, they will undertake a residency test to determine if he is eligible to claim benefits in the UK.

IF he is found to be ineligible to receive UC, their UC claim will not include a component for him (effectively paid at the single persons rate even though they are a couple), but any income he receives will still be taken into account and reduce the amount of UC she is entitled to. So although potentially a little complicated, she/they should still go ahead and make a claim for UC.

You are correct that she is unable to claim JSA as she has not paid NI in the last two qualifying tax years.

Swanseajack

Thanks very much, that's a really helpful insight. I'm guessing that her boyfriend may have paid NI in the last two years as he has worked a zero hours type contract on and off over the past few months. But at the end of the day, I guess it's down to the residency test to determine whether he will receive any benefits at all. Slightly worried how they'll manage if his status (or lack of it) means my daughter would potentially have her UC removed (if BF's zero hours income is counted), and as she is ineligible for JSA, would be solely dependent on finding f/t work asap. Effectively, they'd be trying to survive on the monthly incomings of one person, rather than two. Another post-Brexit complication. We only tend to think about the fact that we can't go and merrily work abroad anymore, we forget it works both ways, and affects youngsters in 'mixed country' relationships...

sheramber

What are the limitations on his student visa?

Does it stay  ‘no recourse to public funds?’

That would mean no UC or JSA. 

Northern_Wanderer

What is the exact Visa the boyfriend has? When does it expire? 

Both the Student Visa and the Graduate Visa have "No recourse to public funds", in that case he will be on the claim but not get any financial benefit from it. I don't think it's about residency, it's about immigration status. 

peteuk

Northern_Wanderer said:

What is the exact Visa the boyfriend has? When does it expire? 

Both the Student Visa and the Graduate Visa have "No recourse to public funds", in that case he will be on the claim but not get any financial benefit from it. I don't think it's about residency, it's about immigration status. 

Was going to ask the same question, now the BF has graduated, will his student visa will expire.  

“You will need to check if you need a UK visa if you’re planning to study in the UK from 1 January 2021 as you will not be eligible to apply for the EUSettlement Scheme unless you were living in the UK before 31 December 2020.”

Depending on when he entered the UK and if he has applied for settled status, this may mean his Visa is cancelled and he may risk over staying. 

Northern_Wanderer

Yes, best to focus on the immigration status so his rights can be established, and if he overstays, he will need an immigration lawyer.

Muttleythefrog

Some good advice... the benefits advice seems sound... you may still be entitled to some UC depending on his income/savings alongside any of yours should you become a couple living together. Yes they are at a juncture as I see it.... moving in together and his immigration status which may be soon subject to change post education. I think they need to think carefully about how this plays out with particular consideration for his next immigration step and indeed whether she is able to get well paid work herself which may open up Visa options in relation to family (partner) migration and/or give them a decent standard of living.

To clarify the good advice from Ned... in relation to residency test.. this test is broad in scope in Universal Credit and somewhat misleadingly named as a result... in his case having NRPF will mean he (not necessarily she who is not subject to NRPF) would be refused Universal Credit payments after necessarily applying (if they move in together and claim). Being habitually resident here which he likely is...is not the outcome conclusion for the HRT of UC where NRPF applies. Note not all benefits full under NRPF... contribution based benefits typically can be claimed but don't seem likely relevant here while he is working. NRPF essentially covers means tested, disability and care related benefits... UC is a means tested benefit.

Shadyocuk

They also need to consider that Landords (right to rent) and Employers (right to work) have a legal obligation to confirm that some has a valid visa.