You are now leaving the Turn2us site. Turn2us is not responsible for content on third party sites.



Nationals of non-European Economic Area (EEA) countries - My partner is a person subject to immigration control

Non-EEA nationals will be subject to immigration rules and their right to benefits will be defined by their immigration status.

My partner is a person subject to immigration control

If you are not a person subject to immigration control, but your partner is, rules differ depending on the benefit you want to claim. 

Universal Credit

If your partner is a person subject to immigration control you must claim Universal Credit as a single person.  However your partner’s income and capital is taken into account.

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants.  As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.

Income Support; Income-based Jobseekers Allowance and Income-related Employment and Support Allowance

If your partner is subject to immigration control you can claim these benefits as a couple.  However you are normally only paid a personal allowance at the single rate.  If you qualify for premiums, these are paid at the couple rate.  Your partner’s work, income and capital affect your entitlement to these benefits.

Note: If your partner’s leave is subject to  a no recourse to public funds condition, claiming a couple rate of a premium for her/ him could be regarded as having recourse to public funds, and could affect her/his right to remain in the UK.  Therefore get specialist immigration advice before making a claim.

Pension Credit

If your partner is a ‘person subject to immigration control’ they are treated as not being a part of your household for Pension Credit.  Therefore you are paid as a single person and your partner’s income and capital do not affect your claim.  However, you may not get the Severe Disability Addition, because your partner may be counted as ‘normally living with you’.

Housing Benefit

If your partner is subject to immigration control, this does not affect the amount of Housing Benefit you get.  Your partner is included in your claim and you are paid at a couple rate for any allowances or premiums you qualify for.  

However, if your partner’s leave is subject to a no public funds condition then this could be regarded as them having recourse to public funds and could affect their right to remain in the UK.  Get specialist immigration advice before claiming.

Non-means tested Benefits

Contributory benefits are not affected by Immigration status.  However, your partner would have had to have paid enough national insurance contributions to qualify.

Only the immigration status of the person claiming affects whether you can get a non-contributory benefit. 

Tax Credits

If your partner is a person subject to immigration control, but you are not, your partner is treated as if they are not a person subject to immigration control, and you are entitled to make a joint claim for Working Tax Credit or Child Tax Credit.  However, unless you or your partner are responsible for a child, your Working Tax Credit will not include a couple element.

If your partner’s leave is on condition that they don’t have recourse to public funds, they are not regarded as having recourse to public funds if you make a joint claim.  This means that their right to remain in the UK is not affected if you make a joint claim for Tax Credits.

 

Use our Find-an-adviser tool to find specialist immigration advice in your area.

Anything wrong with this page?

Tell us the problem

Please enter your name
Please enter a valid email address
Please enter what you were doing
Please enter what you'd like to report
Please enter the security code shown
Close

Thank you

If you would like to tell us more please visit our contact page

Close

Check benefit entitlement

Find out what means-tested benefits you might be entitled to, including tax credits.

Use the Benefits Calculator

Grant Search

Search our database of grant-giving organisations

Search for grants