Partner on UC but partner no recourse to public funds

Hi there,

I have a query; Client is in receipt of child care element and works full time. She wants her partner to move in with him but he has no recourse to public funds. I’ve advised that If you are not a person subject to immigration control but your partner is, Universal Credit is paid to you as a single person, but your partner’s income and capital are still taken into account. When they move in, he will not be classed a joint tenant. so no complications there. 

However she has stated that the DWP have advised that he still needs to make a claim online so his information can be joint on to her UC claim. They are scared to do that because their solicitor has advised he cannot make a UC claim in his own name is of course, it could effect his immigration status.  DWP are aware of his no recourse to public fund status. Is this the normal procedure? do they need to do anything else to ensure that his claim is not flagged as an actual claim?

Thanks for any help/advice in advance

Hello,

Yes this is normal procedure. I normally add the caveat that they should seek immigration advice if they’re not sure but in reality, that’s what needs to happen. Only caveat is that they will then be a couple so I think she will lose her ability to access childcare unless he is working too.

Thank you for this. It is what I thought and have advised that it shouldn’t be a breach of the pubic fund condition provided the DWP actually do convert it back to a single claim but they are still worried that the DWP won’t do that and the partner is refusing to make the claim out of worry.

The partner does work too, so they both work full time. She was all ready to just stop her UC claim due tot he hassle but I advised not to due to the Child care costs. Child care cost calculations are something I am out of practice with and she didn’t have enough information at the time of the call to make an accurate calculation anyway. I presume they can just use turn2us for their own calculation once they have the information?

Thank you again, you’ve been very helpful.