1. Can You Claim Universal Credit While Sponsoring a Spouse Visa?
Claiming Universal Credit or other public funds by a British citizen or settled person does not directly impact the spouse visa application itself. However, the financial requirement remains a key aspect of the application, and you must still show sufficient income or savings to support your spouse or partner without relying on these public funds.
2. Financial Requirement for UK Spouse Visa Applicants
To sponsor a spouse visa, the sponsor (UK-based spouse or partner) must meet a minimum income threshold:
- £18,600 per year for sponsoring a partner only.
- Additional £3,800 for the first child and £2,400 for each additional child (if children are included in the application).
This requirement is crucial to demonstrate that the sponsor can support their partner without needing public assistance. Universal Credit and other benefits generally cannot count toward meeting this income threshold, so it’s important to show independent earnings or savings.
3. When Universal Credit May Impact a Spouse Visa Application
While claiming Universal Credit won’t directly cause a refusal, it can complicate the application if:
- Income Falls Below the Required Threshold: If a sponsor relies on Universal Credit due to insufficient income, it may signal financial insecurity, which could lead to a rejection based on the financial requirement.
- Reliance on Public Funds: Spouse visa holders themselves cannot access public funds (like Universal Credit), so the sponsor’s reliance on benefits may raise concerns about the couple’s financial stability.
In cases where income is lower due to extenuating circumstances, such as disability or caring responsibilities, there may be exceptions, as explained below.
4. Exceptions to the Financial Requirement
In some cases, applicants can request a waiver for the financial requirement:
- Exemptions for Disability Benefits: If the sponsor receives specific disability-related benefits, such as Personal Independence Payment (PIP) or Disability Living Allowance (DLA), they may be exempt from meeting the income threshold.
- Exceptional Circumstances: If the sponsor cannot meet the income requirement due to genuine hardship or exceptional circumstances, they may still be eligible for a spouse visa based on “adequate maintenance” instead of the standard income threshold.
In these cases, the Home Office assesses whether the household income after housing costs meets a minimum living allowance, demonstrating adequate financial stability without meeting the usual income requirement.
5. Alternatives to Meet the Financial Requirement
If claiming Universal Credit, the sponsor can still meet the financial requirement through:
- Savings: Savings over £62,500 can meet the financial requirement independently if no other income source meets the threshold.
- Additional Employment or Self-Employment: The sponsor’s income from work can supplement Universal Credit to meet the minimum income threshold.
- Combining Income and Savings: In some cases, sponsors can combine income and a smaller amount of savings (over £16,000) to meet the financial requirement.
These options provide flexibility in meeting financial requirements for a successful spouse visa application.
6. Frequently Asked Questions (FAQs)
Q1: Can my partner claim Universal Credit if I am on a spouse visa?
A: No, spouse visa holders are not eligible for public funds, including Universal Credit.
Q2: Does my Universal Credit count towards the £18,600 income requirement?
A: No, Universal Credit does not count toward meeting the financial requirement. Sponsors must show independent income or savings.
Q3: Are there any benefits that do not affect a spouse visa application?
A: Yes, certain disability benefits do not require meeting the financial threshold and may exempt the sponsor from the income requirement.
Q4: What if I lose my job and claim Universal Credit while my partner’s visa is being processed?
A: Losing your job can affect the application if it reduces your income below the financial threshold. Showing savings or alternative income sources can help meet the requirement.
Q5: Can I get a waiver for the income requirement if I am on Universal Credit?
A: In exceptional cases, such as disability or caring responsibilities, you may qualify for a waiver based on adequate maintenance.
Q6: How much savings do I need to bypass the income requirement entirely?
A: Savings of £62,500 or more can meet the financial requirement without needing employment income.