British Citizen - Partner No Recourse

Hi we don’t get many cases like this hence seeking second opinion as knowledge is sketchy . Seems straightforward ( awaits gasps ). Client is a British citizen , children are British citizens , partner has leave to remain through 10 year partner route but no recourse to public funds. Client receives CB , CTC & PIP . When he applied he put his spouses name on the applications. Worried that as her name appears on the CTC award notice as a joint claimant it will affect her visa. Having looked at the TC regs I do not think it will impact on her visa . Am I missing something ?

Billy

Paras 6A to 6C of the Immigration Rules allow people with no recourse to public funds to be part of a couple claim in a few situations without it being held against them later when they apply for ILR.

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P’s sponsor unless, as a result of P’s presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor’s joint entitlement to benefits under the regulations referred to in paragraph 6B).
6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

In simple terms, if the benefit regs allow you to get it, the immigration rules won’t penalise you for claiming it.

The grey area is HB where you can offend para 6A without being excused under para 6B: the very existence of a partner can increase the amount of HB and it isn’t covered by the exemptions in para 6B.