Child Benefit for non-EEU

[Murka]

Hi all! I am hoping to get an advice regarding Child Benefit.

I am non-EEU married to EEU national, we both have resident permits till 2010. My husband is working(part time).

I have been getting Child Benefit for two children since 2005, but recently heard that it can affect my future PR application.
I phoned varios solisitors and HO line but got contradicted advice.
Now I am really confused and don't know that to do.
Please advice regarding my situation. Thank you in advance.

[olisun]

Hi all! I am hoping to get an advice regarding Child Benefit.

I am non-EEU married to EEU national, we both have resident permits till 2010. My husband is working(part time).

I have been getting Child Benefit for two children since 2005, but recently heard that it can affect my future PR application.
I phoned varios solisitors and HO line but got contradicted advice.
Now I am really confused and don't know that to do.
Please advice regarding my situation. Thank you in advance.

Since you are a non-EEU national you CANNOT claim child benefit but you husband can.

[Murka]

Hi Olisun, thank you for your reply.
I got Child Benefit claim pack after birth and applyed myself simply becoase i didn't know that I can not claim. HMRC reqested my passport (I have residense permit in it but it does not say "no resurse to public funds") and then returned it with letter staiting that I am entitled to Child Benefit.
Also I have two letters from HO regarding condition of my stay and there is nothing regarding public funds.
On HO website they have this document http://www.bia.homeoffice.gov.uk/siteco ... cfunds.pdf wich made me belive in the first place that it is OK for me to claim CH.

Please correct me if I am wrong. Thank you.

[yankeegirl]

I've actually been wondering the same thing. If you have a UK spousal visa, it clearly states "no recourse to public funds" but there is no such statements on family permits and residence cards.

In addition to the link the OP posted, there's also this.

If successful, granted five year residence card, during which time no restriction on access to public funds. Non EEA spouse/civil partner can take employment.

http://www.lawcentreni.org/EoR/immigrat ... ership.htm

So it would seem that the Child Benefit would be ok in her name?

[John]

Murka, what is your nationality? Also, if prior to coming to the UK you worked in another country, not that of your nationality, please give details.

[Murka]

Yankeegirl and John, thank you for reply!
John, answers to your questions:
I am ukranian and no, I did not work in another country.

[Murka]

Please advise. Thank you.

[thsths]

I got Child Benefit claim pack after birth and applyed myself simply becoase i didn't know that I can not claim. HMRC reqested my passport (I have residense permit in it but it does not say "no resurse to public funds") and then returned it with letter staiting that I am entitled to Child Benefit.

It seems like all the information was available, so if anybody made a mistake, it was the HMRC. I don't think this can be hold against you.

On HO website they have this document http://www.bia.homeoffice.gov.uk/siteco ... cfunds.pdf wich made me belive in the first place that it is OK for me to claim CH.

I tend to agree. As far as I remember, benefits are only excluded for the first 3 months, and after that an EU citizen can receive benefits. I think the same applies to the spouse.

Tom

[Murka]

Thank you Tom!
I have been realy worried since one solisitor mentioned that geting CB was "not good" in my situation. I am relived you think I did not make a mistake. Thank's again.