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.