Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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niceguy1
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by niceguy1 » Tue Jun 01, 2021 9:28 pm
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?
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zimba
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by zimba » Wed Jun 02, 2021 12:14 am
Any benefit claimed under your name is irrelevant to her application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Sirok
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by Sirok » Thu Jun 03, 2021 11:26 am
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.
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CR001
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by CR001 » Thu Jun 03, 2021 11:45 am
Sirok wrote: ↑Thu Jun 03, 2021 11:26 am
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
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Sirok
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by Sirok » Thu Jun 03, 2021 1:27 pm
CR001 wrote: ↑Thu Jun 03, 2021 11:45 am
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.
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zimba
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by zimba » Thu Jun 03, 2021 1:35 pm
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
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Sirok
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by Sirok » Thu Jun 03, 2021 2:19 pm
Zimba wrote: ↑Thu Jun 03, 2021 1:35 pm
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?
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zimba
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by zimba » Thu Jun 03, 2021 5:17 pm
I think its better to ignoe it
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice