Public funds use prior to application

[niceguy1]

Hi All,

I got my ILR in Feb 2016 (Tier 2 route) and brought my wife over on ILR sponsored spouse visa. She has now completed 5 years and needs to apply for ILR herself. We had a child in the interim who got british passport because I had ILR. We got child benefit and concession on nursery bills because I had ILR. I just started my wife's application and it states in eligibility criteria: "When you apply for settlement, you and your partner must: not be using public funds". here https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

But I was using the public funds for my child because my visa has no restrictions or anything. We did not foresee this. Would our visa be declined?

[zimba]

Any benefit claimed under your name is irrelevant to her application

[Sirok]

Hi I have received my ILR (Tier 2) in January this year.

Question: does it says anything about public funds on your ILR?

I just wonder if I can apply for a tax-free childcare if it says "no public funds" on my ILR.

Will appreciate your reply.

[CR001]

Hi I have received my ILR (Tier 2) in January this year.

Question: does it says anything about public funds on your ILR?

I just wonder if I can apply for a tax-free childcare if it says "no public funds" on my ILR. Your previous posts suggest you got a tier 2 visa in 2018 from abroad, which means you would hold ILR in 2021.

Will appreciate your reply.

A person holding ILR can claim public funds/benefits as they are free from immigration time restrictions.

ILR does NOT have a "no recourse to public funds" restriction. If your BRP card says this, then you likely don't hold ILR

[Sirok]

A person holding ILR can claim public funds/benefits as they are free from immigration time restrictions.

ILR does NOT have a "no recourse to public funds" restriction. If your BRP card says this, then you likely don't hold ILR

Thanks for your reply!

On my card it says ILR, with type of permit - settlement and on the back of the card it says "NO PUBLIC FUNDS" as it was in my previous Tier 2 visa.

[zimba]

I would say this might be an administrative error on your BRP

Migrants who have been granted leave without an NRPF condition can access
benefits and services, providing they meet the relevant eligibility criteria. Those
granted indefinite permission to remain will be entitled to access services and
publicly funded benefits on the same basis as a UK national, unless they have been
granted leave subject to a maintenance undertaking.

https://assets.publishing.service.gov.u ... gov-uk.pdf

[Sirok]

I would say this might be an administrative error on your BRP

Migrants who have been granted leave without an NRPF condition can access
benefits and services, providing they meet the relevant eligibility criteria. Those
granted indefinite permission to remain will be entitled to access services and
publicly funded benefits on the same basis as a UK national, unless they have been
granted leave subject to a maintenance undertaking.

https://assets.publishing.service.gov.u ... gov-uk.pdf

Thanks for your reply! It seems to me as an error too.
Do you think it is better to request for a replacement of BRP or just ignore it and act as a proper ILR holder?

[zimba]

I think its better to ignoe it