Claiming Child benefits

[Royncl]

I am claiming child benefit by my ILR for my kid who is British citizen, Child benefit only not any other public funds else. My wife, who is on spouse visa, will not have income come from next month and possibly she will get a job next year. I was told that I should not claim public fund if my wife doesnt have any income. Her ILR can be refused otherwise.

My question is, her family gives her money (more than 1000 pounds/month)and we have the proof of transactions. Can I just keep claiming child benefits or I should stop it till my wife gets a job? the SET (M) does ask this question.

thanks a lot

[John]

I was told that I should not claim public fund if my wife doesnt have any income. Her ILR can be refused otherwise.

Who on earth told you that rubbish?

There is no need to stop any benefits. One of you is entitled to claim Child Benefit, and the two of you jointly can claim Tax Credits.

[Royncl]

I was told that I should not claim public fund if my wife doesnt have any income. Her ILR can be refused otherwise.

Who on earth told you that rubbish?

There is no need to stop any benefits. One of you is entitled to claim Child Benefit, and the two of you jointly can claim Tax Credits.

thank you so much John for your swift reply. I have checked the SET (M) and wonder why this form asked if the applicant's partner is receiving any public funds. Any thoughts?

[Greenie]

I was told that I should not claim public fund if my wife doesnt have any income. Her ILR can be refused otherwise.

Who on earth told you that rubbish?

There is no need to stop any benefits. One of you is entitled to claim Child Benefit, and the two of you jointly can claim Tax Credits.

thank you so much John for your swift reply. I have checked the SET (M) and wonder why this form asked if the applicant's partner is receiving any public funds. Any thoughts?

Because they want to know if the settled partner is receiving additional public funds due to the applicant's presence in the UK. However as John has advised you can claim child benefit and can make a joint claim for Tax Credits.

Please read the following guidance

Public Funds Guidance

[Royncl]

Thanks Greenie for your help. really appreciate.
I read from the guidance you provided:

A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds that they are entitled to.
Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control then for tax credits purposes neither are treated as being subject to immigration control.
If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European economic area (EEA) they can claim certain public funds if they have a right to reside in the UK.

the funny thing is that I called UKBA three times today (08450105200) and I got three different answers:
1, We don't provide general information, you should call......
2, No problem, if Inland revenue considers you are qualified so there wont be any effects on your citizenship or your wife's ILR application
3, Can affact your wife's IRL but it is case by case situation, we cannot confirm till you apply.

[Greenie]

Thanks Greenie for your help. really appreciate.
I read from the guidance you provided:

A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds that they are entitled to.
Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control then for tax credits purposes neither are treated as being subject to immigration control.
If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European economic area (EEA) they can claim certain public funds if they have a right to reside in the UK.

the funny thing is that I called UKBA three times today (08450105200) and I got three different answers:
1, We don't provide general information, you should call......
2, No problem, if Inland revenue considers you are qualified so there wont be any effects on your citizenship or your wife's ILR application
3, Can affact your wife's IRL but it is case by case situation, we cannot confirm till you apply.

The written guidance is what the immigration officer will follow.

Don't listen to what the people at the other end of the phone at the UKBA say. they are not the decision makers and they don't know what they are talking about which you can see from the fact that you have been given different information from different people.

What they want to see is that you are not heavily dependent on benefits and that you are not claiming additional benefits because of your wife. If you are only claiming CB and CTCs then you will not have any problem.

[Royncl]

Thanks so much again Greenie.