30 hours child care Eligibility with ILR Father and Tier 1 dependent Mother

[karthickbe05]

Hi,

I have ILR and my wife have Tier 1 dependent visa and both are working, whether my son eligible for 30 hours childcare in the nursery.

I spoke to one person from HRMC but they both need recourse to the public fund but in the below link it says one should be sufficient, it confusing,

http://www.nrpfnetwork.org.uk/informati ... funds.aspx

"A parent who has leave to remain with the NRPF condition cannot apply for the additional hours of childcare. This means that families will not be able to access this scheme where a single parent or both parents have leave to remain with NRPF.

However, if the parent with NRPF has a partner who is a British citizen, EEA national, or is from outside of the EEA and has recourse to public funds, for example, indefinite leave to remain, then the partner may apply. Both must meet the standard requirements as listed above."

http://www.nrpfnetwork.org.uk/News/Pages/childcare.aspx

"From September 2017, parents who are working and earning on average at least £120 per week will be able to apply for an additional 570 hours of free childcare each year. Children may also be eligible if a parent is on maternity, paternity or adoption leave, or unable to work due to a disability or caring responsibilities. A parent who has leave to remain with the NRPF condition will not be eligible for this additional childcare. However if they have a partner who is entitled to apply and who has recourse to public funds then they may make the application instead. This is not immediately clear in some of the government information about free childcare but is confirmed in this document setting out eligibility for 30 hours childcare."

Thanks in Advance.

[virtual7887]

Hi,

I am in a similar situation.

Did you finally know the answer? Please help.

Thanks

[t0mmy]

Hello,
I am in a similar situation. Can the op advise whether he eventually applied for the 30 hours option. Does both parents need to have 'recourse to public funds' without any immigration restriction or just a single parent will do. Also what difference does it make if I apply in my name or the wife name? Does it matter.
Thanks

[sathesh_pandian]

my situation is the same and i applied tax free child care which confirms my ILR and child details.
in the same web, they provide the code for 30hrs child care as well.

https://www.gov.uk/tax-free-childcare

[t0mmy]

my situation is the same and i applied tax free child care which confirms my ILR and child details.
in the same web, they provide the code for 30hrs child care as well.

https://www.gov.uk/tax-free-childcare

Can you pls confirm :
1) that only you have Ilr
2) and your wife is under immigration control with no recourse to public funds visa-

The website does allow you to apply and get the code but I am not sure if this is allowed according to ukba rules when you apply for your wife's ilr in future. This we need to confirm.

[sathesh_pandian]

1. Yes i am the only one got ILR
2. It doesnt affect my wife's ILR.

[kalven]

The statement form the link is interesting: https://www.gov.uk/tax-free-childcare

Your nationality

You will not be eligible if you’re from outside the EEA and your UK residence card says you cannot access public funds.

Your partner can apply instead if they’re from:
•the UK or EEA
•outside the EEA and their UK residence card says they can access public funds


Which means if one of the parent is in ILR, you can apply for 30 hours