child benefit after ILR

[prameshks1]

i have just received my ILR couple of weeks ago. am i eligible for claiming child benefit ? will this affect the citizenship process after 12 mths? will it affect my wife ILR process as she is in spouse visa at the moment.
Need help as soon as possible

Thank you

[yankeegirl]

People who have ILR are eligible to apply for benefits, including Child Benefit. As it is you making the claim for Child Benefit and not your wife, it will not affect her visa, and will not affect your future citizenship application.

[John]

prameshks1, a couple of points. Firstly any reason why your wife did not get ILR at the same time as you? Just trying to picture the immigration picture of you and your wife.

Secondly, you mention Child Benefit, and yankeegirl is quite right. But what about Tax Credits? Those can also be claimed, and in respect of a couple living together, a claim for Tax Credits must be in joint names. It would be very wrong for just one of a couple to claim.

But as you have ILR, it is totally OK for you and your wife to jointly claim, thanks to 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.

[yankeegirl]

Off topic, but brilliant idea to have a seperate benefits section!

[prameshks1]

my wife cant apply for ILR with me as I got my ILR on the grounds of Long Residence and she is just here in UK for last 5 years. Hence, she only got Spouse visa for 2 years.

[John]

prameshks1, OK thanks, that makes total sense.

As said before, yes you can claim Child Benefit .... and you and your wife jointly can claim Tax Credits .... and such claims should be submitted without delay, to ensure that benefit is not lost.

Are you now intending to apply for Naturalisation as British when you have had ILR for one year? If so getting that Naturalisation might assist your wife to apply for Naturalisation shortly after she gets her ILR. (But the legislation might change in the meantime.)

Off topic, but brilliant idea to have a separate benefits section!

Yes, I thought so, so I asked the Administrator here to set it up.

In a quieter moment I shall go through existing topics and move them here, but take care to leave a link from where they are now.

[jes2jes]

John:

This is a quote from the HRMC website:

People who are subject to a maintenance undertaking

A claimant whose leave to enter, or remain in, the United Kingdom (UK) is subject to a maintenance undertaking (sometimes known as 'sponsored immigrant') is normally excluded from WTC and CTC as a person subject to immigration control, but they can qualify for tax credits if

They have been resident in the UK for a period of at least 5 years beginning on or after their date of entry into the UK
Or

The date they became a sponsored immigrant, whichever is later

They have not been resident for at least 5 years but their sponsor has died
Or

http://www.hmrc.gov.uk/manuals/ntcmanua ... 350050.htm

Am I reading right that anyone for that matter who has been resident in the UK for 5 years legally can claim WTC?

Can you provide a link to Reg 3(2) that you often quote and Rule 6B of the immigration Rule/Act since I do not seem to find it?

Thank you.

[vinny]

Can you provide a link to Reg 3(2) that you often quote and Rule 6B of the immigration Rule/Act since I do not seem to find it?

The Tax Credits (Immigration) Regulations 2003 and

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

[John]

jes2jes, you post a section starting "People who are subject to a maintenance undertaking". But why is that relevant here? Has a maintenance undertaking been signed?

Vinny, thanks for posting those links. I confirm that a read of the Tax Credits (Immigration) Regulations 2003 will show that they were made under the terms of Section 42 of the Tax Credits Act 2002, which is specifically quoted in rule 6B of the Immigration Rules.

[jes2jes]

jes2jes, you post a section starting "People who are subject to a maintenance undertaking". But why is that relevant here? Has a maintenance undertaking been signed?

Vinny, thanks for posting those links. I confirm that a read of the Tax Credits (Immigration) Regulations 2003 will show that they were made under the terms of Section 42 of the Tax Credits Act 2002, which is specifically quoted in rule 6B of the Immigration Rules.

John:
I guess I did not get the maintenance undertaking drift that is the reason why I was asking. I did go through the website for HRMC but did not find the regulations. They had been replaced by s42.

Just to let you know some of the links in your old post on this subject are no longer working and would need updating

[jes2jes]

Can you provide a link to Reg 3(2) that you often quote and Rule 6B of the immigration Rule/Act since I do not seem to find it?

The Tax Credits (Immigration) Regulations 2003 and

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

Thanks Vinny and John, you have made my day!

[John]

I guess I did not get the maintenance undertaking drift that is the reason why I was asking.

I suspect that a maintenance agreement has not been signed, so the quote you provided is not in play.

Just to let you know some of the links in your old post on this subject are no longer working and would need updating

That is always a danger! But could you be more specific? I cannot immediately see the topic to which you might be referring.

[jes2jes]

I guess I did not get the maintenance undertaking drift that is the reason why I was asking.

I suspect that a maintenance agreement has not been signed, so the quote you provided is not in play.

Just to let you know some of the links in your old post on this subject are no longer working and would need updating

That is always a danger! But could you be more specific? I cannot immediately see the topic to which you might be referring.

John,
Sorry, the maintenance agreement does not relate to me just came across it last night. I guess it was the time that did my eyes in (around 2 am).

Okay, I was researching most of your post on benefits and did not make notes on which particular links where obsolete.

John, I know you had answered this question several times, I got ILR just this month, when I start receiving CTC and CB, would it be okay to tick those on the FLR(M) for my spouse to say that I am receiving these? My salary is okay and she's also working but want to be on the safe side.

[tasha75]

.and such claims should be submitted without delay, to ensure that benefit is not lost

There is a question on Child benefit form which asks whether you've been granted your status within the past 3 months (something about not being subject to immigration control). Just wondered why do they ask it? What effect does it have on a claim if you can claim benefit even the next day after being granted ILR.

[John]

I think they would ask that because a CB claim can possibly be backdated a maximum of three months. However, let's say someone got their ILR one month ago, well the backdating would possibly not go earlier than when they got their ILR, hence the need for the question.

[jes2jes]

I think they would ask that because a CB claim can possibly be backdated a maximum of three months. However, let's say someone got their ILR one month ago, well the backdating would possibly not go earlier than when they got their ILR, hence the need for the question.

I agree to the above but can you answer this question for me please:

John, I know you had answered this question several times, I got ILR just this month, when I start receiving CTC and CB, would it be okay to tick those on the FLR(M) for my spouse to say that I am receiving these? My salary is okay and she's also working but want to be on the safe side

[John]

Not sure I understand. Your wife's FLR(M) form has already been submitted? Were you claiming CB and TCs at the time? If no, then clearly that is how the form would have been completed.

But if the form FLR(M) has not yet been submitted .... what's the delay? .... there really is no issue here about you claiming CB, and you and your spouse jointly claiming TCs. There is a perfect entitlement to make those claims. So it is certainly OK to tick those boxes.

[jes2jes]

Not sure I understand. Your wife's FLR(M) form has already been submitted? Were you claiming CB and TCs at the time? If no, then clearly that is how the form would have been completed.

But if the form FLR(M) has not yet been submitted .... what's the delay? .... there really is no issue here about you claiming CB, and you and your spouse jointly claiming TCs. There is a perfect entitlement to make those claims. So it is certainly OK to tick those boxes.

John,
No, FLR(M) has not yet been submitted due to the last stage of pregnancy. She's due for the baby in October therefore will make a PEO appointment for first week in November. I called BIA but they can only make appointments for 6 weeks advanced. We would therefore go to the PEO after the delivery.

If you say it is okay to tick then fine. Since my application has been submitted for the CB and TCs.

NB: I know of someone who made a claim before ILR. Would this jeopardise their FLR(M). A cousin of mine who has not worked in one of those countries with agreement with the government was mistakingly awarded CTC when they had their first child a couple of years ago. What is your advise to them then?

I think I am fine to go since I am making a claim for the above two after ILR. Thanks and await your response!

[jes2jes]

John:
Waiting for your response if you get a minute!

[Bubblies]

Hi

Wonder if anyone can give me some advice. I want to claim child benefits and tax credits for my 2 children. I am a british citizen, my problem is my husband is here on an ancestral visa and my kids are on an ancestral dependency visa. I am worried if i apply it will affect the application for there ILR when later applied for. On my kids visas its says no resorces to public funds. Does not say that on my husbands visa. Can anyone tell me if i do apply will they be breaking there visa conditions?? Please help!

Thanks

[vinny]

I am a british citizen, my problem is my husband is here on an ancestral visa and my kids are on an ancestral dependency visa.

No problems for you to claim child benefit and for both you and your husband to jointly claim tax credits.