Help please - new partner moving In questions providing caring role

Dear Benefits and Work,

I have a few questions here and appreciate that all of them may not be able to be answered. Please help me if you can. I will try and explain clearly, my situation and circumstance and sincerely grateful in advance for any and all hope.

I contacted a legal advice centre who then advised citizens advice, who then recommended refugee support centre! No one seems to know! The final advice was to call Universal Credit directly. I’d rather not do that yet!

Please can you offer assistance.

My situation:

I have recently migrated to Universal Credit, with transitional protection (historic SDP) as a single claimant. I have 3 children also on my claim. I have full rate PIP and receive new style ESA.

New partner

I have now met someone, she is now my fiancé - who lives at a separate address but does provide care needs. She is an immigrant with a skilled worker visa. She has no recourse to public funds so wouldn’t be able to claim carers or UC yet etc. She has been denied an Indefinite Leave to Remain as she has a BRP (skilled work visa) She is in appeal - on grounds based on our relationship / ties with children and caring role she provides. She also has health problems and may lose her job soon. She is looking to apply for PIP and NSESA at some point (which she can apply for).

Questions:

We would like to live together and be married. My fiancé has no recourse to public funds.

1. so would she not be classed as a ‘partner’ for UC legal purposes because she can’t claim benefits. When she gets her ILR she will be able to. This may be 6 months away. In the meantime - she may be able to change her current visa to access benefits but not guaranteed.
2. I have heard that transitional protection ends with a change of circumstance and I’m afraid of losing it. I have also heard that receiving the carers element (and not carers allowance) protects transitional protection so if she was to get the ILR and could access benefits - is the correct? would this mean that I could still get the transitional protection? This may be 6 months away.
2.5. if she moves in now - she can’t be a paid carer but she would be caring unpaid / would that affect the transitional protection? This is a key question for me.
3. I have 3 children, would a change of circumstance such as her moving in before or after being able to receive benefits change the claim so I would lose the ‘third child element’ due to a change - and only receive financial support for only two children.

Even if everything is ok above, and I can receive transitional protection and the child payments are fine - still due my fiancés caring role - it would still be financially hard due to not being able to claim UC together and carers etc!

It’s important to live together - for the help and support and would show a loving committed relationship for immigration purposes.

Some of the above may be out of the scope of this forum, I appreciate that.

4. she has some savings, but because she isn’t classed as a ‘partner’ for UC purposes (or is she?) would those savings be counted? They would be used for her to live off of, as she can’t access benefits so theoretically should be not taken into consideration! As they are to survive off?

I appreciate any and all help with some / all of these questions.

Lastly I have one more question

5. should all go well above - is it best for benefits purposes (Universal Credit) for my fiancé to wait to be dismissed on medical grounds rather than leaving her job herself due to long term sickness? She will expire half pay and SSP and will need ESA at some point.

Many many thanks,

Glass

Hi. Citizens Advice likely signposted you as they can only offer a certain level of advice (level one) where immigration issues may be involved. I think you will need specialist advice which may be outside the remit of this forum but one of the experienced moderators will likely give you a fuller response.