Permitted to apply for Child Benefit under ILR?

[maggy593]

Hi

I am a Chinese national and have indefinite leave to remain (ILR) in the UK. I have a biometric residence permit (BRP) card which documents this. I have received ILR a few years ago due to having been in the UK for 10 years.

Recently my first child was born and the child has British citizenship.

I am considering applying for Child Benefit but before doing that I would need to fully understand if my status allows me to apply for Child Benefit and if there are any disadvantages associated with applying that I should be aware of. I would only apply for Child Benefit if I am 100% sure that it's permitted. Not willing to take any risks on this.

Would you know the answers to my questions:

1) If I have ILR, am I then considered to be “subject to immigration control” as described here https://www.gov.uk/child-benefit-move-to-uk ?

2) I have read that one cannot apply for Child Benefit if one has a “no recourse to public funds restriction”. How can I find out whether my ILR comes with such a restriction? My BRP card does not mention anything on this.

3) Am I permitted to apply for Child Benefit with my ILR status?

4) Even if I am permitted to apply, then are there any disadvantages that I should be aware of? For example, would it affect whether I could get British citizenship at a later stage?

Thanks!
M

[CR001]

You are Not subject to immigration controls as you hold ILR.

You are allowed to claim child benefit in your name.

[maggy593]

Thank you CR001, I am happy about this news.

But how can I be sure that the “no recourse to public funds restriction” does not apply to me?

Can you think of any disadvantages in the future if I go ahead claiming Child Benefit?

Thanks again!

[CR001]

But how can I be sure that the “no recourse to public funds restriction” does not apply to me?

ILR holders can claim benefits. The 'no recourse to public funds' restriction does NOT apply to ILR, it apply to time limited visas.

Can you think of any disadvantages in the future if I go ahead claiming Child Benefit?

There are none. You are overthinking.

[JB007]

Thank you CR001, I am happy about this news.

But how can I be sure that the “no recourse to public funds restriction” does not apply to me?

You can read it for yourself

Guidance
Public funds (accessible)

Updated 25 January 2023

...
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://www.gov.uk/government/publicati ... d-services


If your partner cannot have UK public funds, put the claim in your name only, but you must link your partner to your CB claim because CB has an earnings cap after certain pension contributions etc.

[JB007]

And from Citizens Advice

Check if your immigration status lets you get benefits and help with housing

...
You should also check what you can do if you can claim public funds but you have a partner or child who can’t.
...

Check if your immigration status lets you claim public funds

You’re always allowed to claim public funds if you have any of the following:

British or Irish citizenship

settled status from the EU Settlement Scheme

indefinite leave - unless you came to the UK on an adult dependent relative visa
...

https://www.citizensadvice.org.uk/immig ... h-housing/

[maggy593]

Thanks (again) CR001!

James B., these links are exactly what I needed, thanks!