Urgent help! Child benefit and accomodation??

[MSS]

Hi, Im applying for my husbands visa and towards the end of the application form they ask about sponsor's receiving benefits. I receive child benefit for my daughter, is this classed as a benefit which I have to tell them about? and should I send documents showing I receive child benefit?
The way I see it, is that all women, regardless of how much they earn receive this benefit, so I am confused if I should tell them about it. Also, will they see this as taking recourse to public funds? I work 40hrs a week full time and pay taxes.

Also, I live in my fathers house rent free and we plan to live here together as a family - do they see living in a parent's accomodation as taking recourse to public funds?

Please help, I want to send all the documents ASAP to my husband, and am worried about these points. Thanks.

[batleykhan]

No. You dont have to mention anything about your child benefit claim. This benefit is your legal entitlement as a working person.

Dont worry about this.

It should not affect your spouse application in anyway.

Get your dad to write a letter confirming that you, your spouse and child can live rent free of charge with him. You might need to provide an accomadation letter confirming that there is sufficient room

[MSS]

Thank You very much!

I have a letter from my Dad saying we can live with him and a declaration from my Dad's solicitor stating that there is sufficient space available to house 3 adults and a baby - I hope that will be enough to please them.

[John]

MSS, could you please confirm :-

• your nationality
• whether you are getting Tax Credits as well as Child Benefits? If not, any reason for that?

[MSS]

Hi, no i am not getting tax credits or child tax credit - just child benefit....I'm British. Why has my post been moved? I'm not trying to claim benefits, I'm asking if getting child benefit will affect my husband's visa application....hmm..ok, thnks though...oh ok now i see...good call..This section is very helpful..

[John]

no i am not getting tax credits or child tax credit - just child benefit....I'm British. ...... I'm not trying to claim benefits, I'm asking if getting child benefit will affect my husband's visa application

OK you are British. There is no problem you claiming Child Benefit, and also no problem you and your husband jointly claiming Tax Credits! Neither such claim will have a negative impact upon your husband. You are British ... you are entitled to claim!

Just to summarise :-

• Child Benefit - this is claimed by just one person .... you are British ... you are allowed to claim
• Tax Credits - in respect of a couple living together any claim must be by the couple jointly. It would be very wrong for just one of the couple to claim alone. At first glance the "No recourse to Public Funds" restriction on your husband's visa appears to be a problem. However some "small print" in the Tax Credits legislation ..... reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by rule 6B of the Immigration Rules, means that there is indeed no problem.

What does reg 3(2) say? It says that where one of the couple is a person not suject to immigration control .... you .... and the other is a person subject to immigration control ... your husband ... then for Tax Credits purposes only both of the couple are treated as not subject to immigration control ... hence no problem the two of you jointly claiming Tax Credits. Go for it!

So MSS, you post asking if Child Benefit might be a problem and not only is that confirmed for you, but also you are told that getting Tax Credits as well is also not a problem. Hope this helps! Get the Tax Credits claim submitted as soon as possible. It can only be backdated a maximum of three months.

Ah wait a minute, your husband is not just in the UK, but when he does arrive, the above will be true. Any reason why you are not claiming Tax Credits at the moment? Until your husband arrives that claim should be by you as a sole claimant, and then switched to a joint claim after he arrives in the UK.