Parent of a British Child with NRPF

[Cruiseman]

Hi,

I wanted to ask a few questions and seek clarity on a few points.

I am on a Leave to remain (5 year route to settlement) as a parent of a British child. The child’s mother and myself divorced a while back. We share parental responsibility and my child stays with me on weekends each week (Fri evening - Sunday evening) and resides with the mother rest of the time as she is the main carer. The child’s main home is with the mother (The mother has ILR).

I wanted to ask if the mother is in receipt of universal credit and the child element of universal credit for the child, can this in anyway affect my future applications to extend my leave in anyway?

As we are divorced, we are from two different households now so I am not aware of what the child’s mother receives or claims for the child etc. As an ILR holder she can claim benefits for herself and the British child as they are both settled in the UK.

As someone on leave to remain as a parent I can’t claim anything for myself and the child which is clear, but if the mother is claiming for the child eg: child element of universal credit and UC funded childcare, can this have any bearing on me?

Please I would humbly ask for clarity on this. Thanks!

[CR001]

can this in anyway affect my future applications to extend my leave in anyway?

No.

[Cruiseman]

Thanks CR001,

You’ve relieved a big worry.

What caused confusion was the lines I read somewhere that ‘you need to prove that you can adequately maintain and support yourself and any dependents in the UK without recourse to public funds’

The child only spends weekends with me and her school holidays. The mother and me split the school holidays equally (6 week summer holidays, 3 weeks my child spends with me and 3 with her mother).

My child’s main home is with her mother.

So anything my ex wife claims for the child weather it’s child element of UC to support her or UC related child care has no affect on my applications at all?

I read somewhere that to claim childcare both parents need to have recourse to public funds, which added further to my confusion. I don’t have recourse to public funds but my ex wife has ILR.

Thanks for your last message, just wanted your last thoughts on it.

[CR001]

Your ex is allowed to claim as they hold ilr. The child is British and is not subject to the no recourse to public funds rule.

You are divorced, your ex is single and claims accordingly as a single parent. It has nothing to do with you or your status.

[Cruiseman]

Thanks for your prompt response CR001.

I don’t know how to thank you for this. I was getting so worried about it. This forum is such a blessing at this day and age. You lot are doing a great job.

I was confusing it since my ex wife and me share parental responsibility for our British child. I didn’t want my ex’s claims for public funds for the child on who’s basis I am in the UK to affect my leave applications in anyway.

As someone who has NRPF condition, you are expected to support yourself and any dependents without claiming public funds.

So I was like what if my ex wife is claiming and they turn around to say when I extend my leave, the child was receiving support via her mother and accessing funds anyway. What I am saying might sound absurd but I am someone who doesn’t know much about all this.

You’ve been very clear with your answers and once again I thank you for being so helpful

[Cruiseman]

Hi CR001,

Sorry for bothering you again. I don’t want to ask the same question and bug you over the same thing.

I was just going through the forum and read a lot of stuff regarding childcare and saw a lot of debate and uncertainty about it too.

In my scenario:

If my ex wife with ILR is claiming universal credit based childcare, including child element of universal credit for the British child, can it cause any issues for me when extending my leave, given I have no recourse to public funds and my leave to remain is based on the same British child who’s main residence is with my ex wife?

Sorry for bothering you! Looking forward to your reply!

[CR001]

can it cause any issues for me when extending my leave, given I have no recourse to public funds and my leave to remain is based on the same British child who’s main residence is with my ex wife?

No!

[ssasi2020]

Hi CR001,

Sorry for bothering you again. I don’t want to ask the same question and bug you over the same thing.

I was just going through the forum and read a lot of stuff regarding childcare and saw a lot of debate and uncertainty about it too.

In my scenario:

If my ex wife with ILR is claiming universal credit based childcare, including child element of universal credit for the British child, can it cause any issues for me when extending my leave, given I have no recourse to public funds and my leave to remain is based on the same British child who’s main residence is with my ex wife?

Sorry for bothering you! Looking forward to your reply!

If it assures you I am on the same route and my ex claims universal credit. I applied on the 10th for an extension. There isn't any questions about ex claiming universal credit or not. It only asks about your income and as long as you meet the adequate maintenance requirement along with other requirements , you should be fine.

[JB007]

can it cause any issues for me when extending my leave, given I have no recourse to public funds and my leave to remain is based on the same British child who’s main residence is with my ex wife?

No!

It's your wife who is claiming public funds. She claims extra benefit money for your child as your child stays more nights with her than they do with you and therefore she is the main carer.

You are contributing to the keep of your child with the maintenance money you pay to your wife; the welfare state pays for your child too via Universal Credit benefit money and your maintanace payments does not affect the UC benefit calculation; as per the rules of UC, your wife is also required to work too to contribute to the cost of her child.

You can reduce the maintenance money you give your wife for your child's keep, by the number of overnight stays your chilld has with you.
Calculate your child maintenance
https://www.gov.uk/calculate-child-maintenance

[Cruiseman]

If it assures you I am on the same route and my ex claims universal credit. I applied on the 10th for an extension. There isn't any questions about ex claiming universal credit or not. It only asks about your income and as long as you meet the adequate maintenance requirement along with other requirements , you should be fine.

Thanks a lot for sharing your experience ssasi2020 and for reassuring me. All members here have basically said that whatever the ex wife claims for the British child, whether it’s universal credit related childcare or childcare element of universal credit, it has got nothing to do with my status. The mother Holds ILR and can claim for the British child.

It was confusing because HO says you should maintain yourself and dependents in the UK without claiming public funds. I was thinking what if they said when I applied for extension, why was the child receiving public funds when you were expected to support the child without it.

Did you get a decision on your extension application? Don’t know if you made super priority application or normal?

[Cruiseman]

It's your wife who is claiming public funds. She claims extra benefit money for your child as your child stays more nights with her than they do with you and therefore she is the main carer.

You are contributing to the keep of your child with the maintenance money you pay to your wife; the welfare state pays for your child too via Universal Credit benefit money and your maintanace payments does not affect the UC benefit calculation; as per the rules of UC, your wife is also required to work too to contribute to the cost of her child.

You can reduce the maintenance money you give your wife for your child's keep, by the number of overnight stays your chilld has with you.
Calculate your child maintenance
https://www.gov.uk/calculate-child-maintenance

Thanks a lot JB007 for explaining the fine print of how the system works. So in short, you are basically saying whatever the ex wife claims for the British child has got nothing to do with me and won’t affect me in anyway as the ex wife is entitled to public funds. As long as I don’t claim anything it’s all good?

I got worried as I find this all very confusing!

[ssasi2020]

If it assures you I am on the same route and my ex claims universal credit. I applied on the 10th for an extension. There isn't any questions about ex claiming universal credit or not. It only asks about your income and as long as you meet the adequate maintenance requirement along with other requirements , you should be fine.

Thanks a lot for sharing your experience ssasi2020 and for reassuring me. All members here have basically said that whatever the ex wife claims for the British child, whether it’s universal credit related childcare or childcare element of universal credit, it has got nothing to do with my status. The mother Holds ILR and can claim for the British child.

It was confusing because HO says you should maintain yourself and dependents in the UK without claiming public funds. I was thinking what if they said when I applied for extension, why was the child receiving public funds when you were expected to support the child without it.

Did you get a decision on your extension application? Don’t know if you made super priority application or normal?

I am not sure if British child who normally lives with other parent even class as your dependent! In principle, You may have a prenatal relationship with the child but that child can't be classed as your dependent. I could be wrong on this but that's how i see it. They can claim whatever on their own rights. anyway, I don't think you should be worried too much about that.
I remember when i switched to flr fp parent, my ex was claiming child and working tax credits. So your ex claiming benefit should not have adverse affect on your application.
I applied as standard coz there wasn't super priority. No, i haven't even done my biometric yet.
My only question to you is do you meet the adequate maintenance requirement?

[Cruiseman]

Thanks ssasi2020,

Yes I meet all the requirements, adequate maintenance and accommodation. I was just worried about this ex claiming for the child that’s all.

Well super priority service costs £800 extra. You on the 5 year parent route? How often does your child stay with you?

[ssasi2020]

Thanks ssasi2020,

Yes I meet all the requirements, adequate maintenance and accommodation. I was just worried about this ex claiming for the child that’s all.

Well super priority service costs £800 extra. You on the 5 year parent route? How often does your child stay with you?

Yes , under 5 years route. He usually stays with me 2 nights a week. I pick him up from his school on Mondays and drop him next day. Likewise on Thursdays too. And i also see him on Saturday to take him to martial arts class.

[Cruiseman]

It's your wife who is claiming public funds. She claims extra benefit money for your child as your child stays more nights with her than they do with you and therefore she is the main carer.

You are contributing to the keep of your child with the maintenance money you pay to your wife; the welfare state pays for your child too via Universal Credit benefit money and your maintanace payments does not affect the UC benefit calculation; as per the rules of UC, your wife is also required to work too to contribute to the cost of her child.

You can reduce the maintenance money you give your wife for your child's keep, by the number of overnight stays your chilld has with you.
Calculate your child maintenance
https://www.gov.uk/calculate-child-maintenance

Hi JB007,

I just came across something so I thought I’d cross check with you and other members of the forum.

If my ex wife, holding ILR is claiming universal credit based childcare so she could work, can it have issues for me, given I am subject to immigration control with no recourse to public funds.

As you know, we are divorced but still jointly responsible for the child but my ex wife is the main carer.

Does the legislation allow the ex wife to claim universal credit based childcare, if the other parent is on no recourse to public funds?

In benefit terms, she is seen as a single parent. Also can my earnings etc affect her claim for childcare? Or because we are divorced and from two separate households it’s doesn’t matter what my situation or circumstances are?

Id be obliged if you and other members can shed some light on this specific question! Thanks

[Cruiseman]

Hi JB007,

I just came across something so I thought I’d cross check with you and other members of the forum.

If my ex wife, holding ILR is claiming universal credit based childcare so she could work, can it have issues for me, given I am subject to immigration control with no recourse to public funds.

As you know, we are divorced but still jointly responsible for the child but my ex wife is the main carer.

Does the legislation allow the ex wife to claim universal credit based childcare, if the other parent is on no recourse to public funds?

In benefit terms, she is seen as a single parent. Also can my earnings etc affect her claim for childcare? Or because we are divorced and from two separate households it’s doesn’t matter what my situation or circumstances are?

Id be obliged if you and other members can shed some light on this specific question! Thanks

[CR001]

You are overthinking this completely!!

can it have issues for me, given I am subject to immigration control with no recourse to public funds.

No!

As you know, we are divorced but still jointly responsible for the child but my ex wife is the main carer.

Does the legislation allow the ex wife to claim universal credit based childcare, if the other parent is on no recourse to public funds?

She is allowed to claim!

In benefit terms, she is seen as a single parent. Also can my earnings etc affect her claim for childcare?

No.

Or because we are divorced and from two separate households it’s doesn’t matter what my situation or circumstances are?

Yes.