× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Practical process for claim with PSIC

Tara CAC
forum member

Children's Centre Project: Citizens Advice Cornwall

Send message

Total Posts: 103

Joined: 8 August 2018

can someone clarify the practical process of claiming uc for a British national with a partner subject to immigration control please? There doesn’t seem to be much information on how it is done.
I understand that they can make a single claim and psic earnings and capital are taken into account.
certain government documents state to make a joint claim then psic is found ineligible but linked to partners claim.
Would making a uc claim impact leave to remain where an attempt to access funds has been made (without the intention of actually receiving the funds)? And would the joint claim not delay the process and the BN partner getting an advance payment while immigration status is confirmed?

Does the BN partner make claim online and prompts determine if they have a partner subject to immigration control?

HB Anorak
forum member

Benefits consultant/trainer - hbanorak.co.uk, East London

Send message

Total Posts: 2906

Joined: 12 March 2013

Cannot comment on the business processes/practical issues, but as far as impacting immigration status is concerned: I know we are not supposed to give immigration advice unless licensed, blah blah blah, but lets say I am just having a private conversation with someone about a piece of publicly available legislation, purely out of academic interest.  I might be inclined to observe to my companion that the Immigration Rules paras 6A to 6C expressly exempt the PSIC from any adverse consequences.  But of course I wouldn’t do anything so naughty as telling that to a PSIC without a licence.

ClairemHodgson
forum member

Solicitor, SC Law, Harrow

Send message

Total Posts: 1221

Joined: 13 April 2016

HB Anorak - 04 February 2019 02:25 PM

Cannot comment on the business processes/practical issues, but as far as impacting immigration status is concerned: I know we are not supposed to give immigration advice unless licensed, blah blah blah, but lets say I am just having a private conversation with someone about a piece of publicly available legislation, purely out of academic interest.  I might be inclined to observe to my companion that the Immigration Rules paras 6A to 6C expressly exempt the PSIC from any adverse consequences.  But of course I wouldn’t do anything so naughty as telling that to a PSIC without a licence.

but you can tell the british national in the context of his/her benefits position, which surely is the point of the question?  the BN doesn’t need immigration advice and no one is giving it…

(edited as i’d realised i’d put that the BN doesn’t need benefits advice when of course what I meant was the BN doesn’t need immigration advice!)

[ Edited: 5 Feb 2019 at 08:25 am by ClairemHodgson ]
Tara CAC
forum member

Children's Centre Project: Citizens Advice Cornwall

Send message

Total Posts: 103

Joined: 8 August 2018

HB Anorak - 04 February 2019 02:25 PM

Cannot comment on the business processes/practical issues, but as far as impacting immigration status is concerned: I know we are not supposed to give immigration advice unless licensed, blah blah blah, but lets say I am just having a private conversation with someone about a piece of publicly available legislation, purely out of academic interest.  I might be inclined to observe to my companion that the Immigration Rules paras 6A to 6C expressly exempt the PSIC from any adverse consequences.  But of course I wouldn’t do anything so naughty as telling that to a PSIC without a licence.

Hypothetically speaking, I’m sure said companion would be appreciative for the sharing of / nod towards publicly available information!