British by descent and on tier 4 visa. CAN I CLAIM CHILD BENEFIT FOR MY DAUGHTER BORN IN UK?

[thruuuuu]

My case is a bit complicated.

Iam British by descent. But have a dual Pakistani and British nationality. I am in full time education doing PHD from a reputable university. My son (born in Pakistan) and wife both have Pakistani nationality and are here in UK with me on a tier 4 dependent category.

I got them in UK as I was not earning the legal limit required to sponsor your family under normal circumstances as I am still in fulltime education. I used my dual citizenship instead to apply for a tier 4 visa for my self and applied for a dependent visa for my wife and son under the same category.

I recently had a second child born in UK. My question is given that i am British and my new born (who has already got her British passport). Can i apply for child benefits for my daughter born in UK? Or not? And would it have any effect on my wife and son's tier 4 dependant visa?

Please I really need guidance on the matter. I applied but they rejected my claim saying that I am on a visa when I also have a British passport.

[CR001]

Did you declare your British citizenship in your student visa application??

How did you complete the question about 'other nationalities you hold'?

You should not have been given a visa as a British citizen is not subject to immigration control and cannot be issued a visa to 'enter' the UK. Your British passport would be the only validity or right to reside in the UK you have as far as I understand.

I would worry less about benefits at this stage and more about your dependents who might not have valid visas as you hold a British passport which you used to prove your nationality to get a passport for your new born.

[thruuuuu]

Well, I did declare and my university visa handling team are the ones who recommended this route. Plus during the entrance I had to declare and explain everything. They didn't object to me entering.

But am I suppose to be worried about it?

[thruuuuu]

So should I withdraw my appeal for child benefits you recommend?

[thruuuuu]

Okay I even sent them my British passport when I applied for my student visa from Pakistan?

What are you talking about? They of course are aware of the fact that I have a visa and a British nationality as it was declared and they were sent all of my passports when I applied for the visa. I even had to get a CAS from my university to get a visa.

Plus I was born with British nationality but I spent my whole life in Pakistan. I only secured the passport for myself in Nov 2015. So I am not sure where things are with what you have said. However just to be on a safe side what would you recommend me to do?

[Wanderer]

Well, I did declare and my university visa handling team are the ones who recommended this route. Plus during the entrance I had to declare and explain everything. They didn't object to me entering.

But am I suppose to be worried about it?

Did you declare it to UKVI though on applying for the visa?

[thruuuuu]

Yes i did ofc

[vinny]

It's very odd. They shouldn't knowingly grant leave to a British citizen.