UK Spouse/Partner Visas – Access to Benefits

Spouse visas are granted on the condition that the successful applicant can have’ No recourse to public funds (NRFP)’ in the UK. There is often confusion around what is meant by ‘public funds’ and what benefits fall under this definition, with many migrants are worried about the possibility of jeopardising their immigration status by claiming certain benefits. In this article we outline the rules on access to benefits for non-EEA spouses in UK, and answer some of their key questions.

What benefits can be claimed on a UK spouse/partner visa?

‘Public funds’ does not include benefits that are based on National Insurance contributions. Benefits to which a person is entitled as a result of National Insurance contributions include:

contribution-based jobseeker’s allowance;

guardian’s allowance;

incapacity benefit;

contribution based Employment and Support Allowance (ESA);

maternity allowance;

retirement pension;

statutory maternity sick pay;

statutory sickness pay;

widow’s benefit and bereavement benefit.

Whilst these are the main benefits that can be claimed by those on a UK spouse visa, this is not an exhaustive list. If you are in any doubt you should check the definition of public funds in Paragraph 6 of the Immigration Rules.

Read more: Jack Freeland, McGill & Co, https://is.gd/h79Ev8