seniors please I need your help

[Kaff]

I am New zealander and on HSMP since Feb-2008.
Recently I claimed child benefits as per <http://www.immigrationboards.com/viewtopic.php?t=2878> the following link.

Last night I was speaking to my friend (Lawyer) , he told me that for HSMP there is no exception for anyone and guidelines for Tier1 overrule every exception where it says " NO resource to public funds", which means I am not eligible to claim any benefits regardless of any Nationality and this will effect my FLR application now.

I am now worried, could you please let me know your thoughts and recommendations please?

Many Thanks

[fahadz1]

consult good immigration lawyer. Its true for any reason you cannot ANY claim public funds.

[Kaff]

Thanks for your response.
Yes I do beleive that we don't have access to Public funds.

But they way I look it, according to homeoffice Public fund guidelines, if as New Zealander we are entitled to Child benefits and that won't be considered as Public fund (and it clearly stated http://www.ukba.homeoffice.gov.uk/sitec ... cfunds.pdf) then it shouldn't be considered as Public fund for us as New Zealander.

I might be wrong, but would like more seniors comments please.

Thanks

[tvn_ramesh]

Kaff...

this board gives much better info on Claiming Benefits and not claiming.. go through it..

if that dont work..
http://www.immigrationboards.com/viewforum.php?f=38

[Kaff]

Thanks Ramesh, I should have looked at this link in first place. I found some useful information there, where it clearly says that eevn though you have "no recourse to public funds" but still exception applies in which I am covered.

Still to be on safe side, I sent email to HO, to confirm me in writting as proof for my FLR application.

Thanks again guys for your help. Much appreciated.

[tvn_ramesh]

Thanks Ramesh, I should have looked at this link in first place. I found some useful information there, where it clearly says that eevn though you have "no recourse to public funds" but still exception applies in which I am covered.

Still to be on safe side, I sent email to HO, to confirm me in writting as proof for my FLR application.

Thanks again guys for your help. Much appreciated.

Kaff:

Email to the HO is the best thing.. as you mentioned u can always be on safe side putting it as proof.. cheers

[nksg]

HI Kaff,

I know some one who claimed chilld benefit (while she was on dependent visa) but she got the T1. All she did was to return any payments made and explain in a letter to HO that she took it by mistake.. In your case it would be easier to explain as you were confused that being a NZ citizen you had access to public funds...

You can search the post by the user name "saanvi".

All the best!!

Thanks Ramesh, I should have looked at this link in first place. I found some useful information there, where it clearly says that eevn though you have "no recourse to public funds" but still exception applies in which I am covered.

Still to be on safe side, I sent email to HO, to confirm me in writting as proof for my FLR application.

Thanks again guys for your help. Much appreciated.

[Kaff]

Hi nksg

Thanks for your reply.
I am waiting in HO reply, if required then I will return payment, as this not worth to put your extention and Ilr on risk for few bucks.
Thanks

HI Kaff,

I know some one who claimed chilld benefit (while she was on dependent visa) but she got the T1. All she did was to return any payments made and explain in a letter to HO that she took it by mistake.. In your case it would be easier to explain as you were confused that being a NZ citizen you had access to public funds...

You can search the post by the user name "saanvi".

All the best!!

Thanks Ramesh, I should have looked at this link in first place. I found some useful information there, where it clearly says that eevn though you have "no recourse to public funds" but still exception applies in which I am covered.

Still to be on safe side, I sent email to HO, to confirm me in writting as proof for my FLR application.

Thanks again guys for your help. Much appreciated.

[push]

The guidance noteavailable on the HO website clearly says you are ok. Dont worry therefore. Keep a copy of the guidance note so that you can produce it when you need it. The guidance is full of "mays" which suggests some discretion - re refusal of further leave etc.

[Kaff]

Thanks Push_HSMP, I am not that much worried now as I do have valid evidence to claim what I am eligible for. Since HMRC accepted my claim based on the HO guidelines, so I am more than confident.

Still I want written confirmation from HO, hence waiting for their reply.

I really appreciate all for their input re this issue.

Cheers

[Kaff]

Finally got the answer from Home office. Phew......
Thanks all for your assurance and help. I hope there is no catch 22 situation in this.

Thank you for your enquiry.
Reciprocal social security agreements exist between the UK and certain countries which can help persons who are subject to immigration control to claim child benefit. These countries are:
Barbados
Canada
Guernsey
Jersey
Isle of Man
Israel
Mauritius
New Zealand
Croatia
Bosnia-Herzegovina
Serbia–Montenegro
Former Yugoslav Republic of Macedonia
Access to child benefit is not prohibited to nationals of these countries (or a person who has come to live in the UK from one of these countries) and would not be counted as recourse to public funds.
Only one person makes a claim for child benefit. So, in the case of a couple in which one of the partners is a British citizen or has permanent residence, the British partner or permanent resident is entitled to claim child benefit under child benefit legislation. This would not be consideBLUE to be recourse to public funds.
The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, sets out the certain prescribed circumstances in which persons subject to immigration control are eligible to claim child benefit.
Yours faithfully,

Immigration Group
UK Border Agency

[push]

Good reference for others. Thanks for posting it.