Child benefit and effect on ILR application

indiansummer · Post by **indiansummer** » Thu Jun 03, 2010 12:45 pm

Hi

I'm new to this forum and I have the following question.

I'm claiming child benefit for my son currently without realizing that it might have an effect on my ILR application. I'm now trying to apply for my ILR and don't know what to put under the section "Are you claiming benefits"? as I've read that it might have a negative impact on my ILR application and later on for British citizenship. Obviously, had I known this earlier, I would not have applied for child benefits at all in the first place. Now, I'm confused and worried. Any help on this is appreaciated. Thanks in advance.

nksg · Post by **nksg** » Thu Jun 03, 2010 2:06 pm

This is a straight forward rejection.. "Your visa should state NO RECOUSE TO PUBLIC FUNDS" and child benefits is a public fund.

The best option is to contact the DWP office and try returning the amount claimed over the time. Take a NOC letter and then apply for ILR. Dont forget to mention this on the cover letter stating this was done in ignorance (apologize) and now all has been rectified...

indiansummer wrote:Hi

I'm new to this forum and I have the following question.

I'm claiming child benefit for my son currently without realizing that it might have an effect on my ILR application. I'm now trying to apply for my ILR and don't know what to put under the section "Are you claiming benefits"? as I've read that it might have a negative impact on my ILR application and later on for British citizenship. Obviously, had I known this earlier, I would not have applied for child benefits at all in the first place. Now, I'm confused and worried. Any help on this is appreaciated. Thanks in advance.

indiansummer · Post by **indiansummer** » Thu Jun 03, 2010 5:13 pm

sorry what is this NOC that you mentioned that I should get in writing?

nksg · Post by **nksg** » Fri Jun 04, 2010 3:07 pm

Already replied to your PM.

indiansummer wrote:sorry what is this NOC that you mentioned that I should get in writing?

mrlookforward · Post by **mrlookforward** » Fri Jun 04, 2010 3:23 pm

I aint picking on someone in particular, but it appears that most people get benefits which they know they are not entitled to, and only when they realise that actually UKBA can check what benefit they have received, they try to repair things.

Murat · Post by **Murat** » Mon Aug 09, 2010 11:12 am

I think child benefit does not have any effect on ILR because as the name implies it is your child receives the benefit not you. Also being subject to immigration control doesn't necessarily mean that you can't get child benefit because if UK has social services agreement with your original country that means you can claim for the child benefit but not working tax credit. I know people who were in the same situation and received ILR.

Post by **vinny** » Mon Aug 09, 2010 12:19 pm

See also Detailed Public Funds guidance.

dimsav · Post by **dimsav** » Mon Aug 09, 2010 12:19 pm

Murat wrote:I think child benefit does not have any effect on ILR because as the name implies it is your child receives the benefit not you.

This is WRONG! Immigration rules clearly state that you must be able to maintain and accommodate yourself and any dependants adequately without recourse to public funds.

Murat wrote:Also being subject to immigration control doesn't necessarily mean that you can't get child benefit because if UK has social services agreement with your original country that means you can claim for the child benefit but not working tax credit. I know people who were in the same situation and received ILR.

Indeed, but this is quite a different story to do with exceptions from the general scheme.

jamil05 · Post by **jamil05** » Mon Aug 09, 2010 2:27 pm

Murat wrote:I think child benefit does not have any effect on ILR because as the name implies it is your child receives the benefit not you. Also being subject to immigration control doesn't necessarily mean that you can't get child benefit because if UK has social services agreement with your original country that means you can claim for the child benefit but not working tax credit. I know people who were in the same situation and received ILR.

Im not sure if the above is factual. Child benefit is public funds. so if you dont have authority to access public funds and you went ahead and claim

nksg · Post by **nksg** » Mon Aug 09, 2010 2:44 pm

On this forum, i have seen some posts where Visas were rejected because of child benefit claims while on T1 or T2 visas...

P.S i am not disputing your claim and

It is interesting to know if some one got through.. In the interest of others on the forums can you please share the "success stories" in detail?

Murat wrote:I think child benefit does not have any effect on ILR because as the name implies it is your child receives the benefit not you. Also being subject to immigration control doesn't necessarily mean that you can't get child benefit because if UK has social services agreement with your original country that means you can claim for the child benefit but not working tax credit. I know people who were in the same situation and received ILR.

meha · Post by **meha** » Tue Aug 10, 2010 4:47 pm

It would be worth checking this link:
'No recourse to public funds' what does it mean at:
http://www.ukba.homeoffice.gov.uk/sitec ... cfunds.pdf

It also contains countries that U.K. has social security agreements with, which means some people from certain cuntries can safely claim certain benefits.

But outside this, no one should claim. There is great potential for refusal.

nikki9920 · Post by **nikki9920** » Fri Apr 08, 2011 10:17 pm

indiansummer wrote:Hi

I'm new to this forum and I have the following question.

I'm claiming child benefit for my son currently without realizing that it might have an effect on my ILR application. I'm now trying to apply for my ILR and don't know what to put under the section "Are you claiming benefits"? as I've read that it might have a negative impact on my ILR application and later on for British citizenship. Obviously, had I known this earlier, I would not have applied for child benefits at all in the first place. Now, I'm confused and worried. Any help on this is appreaciated. Thanks in advance.

Hi there,

Have you try to return child benefits? beside that do you recall how do you answer the question on child benefits form i.e. are you subject to immigration control? yes/no

Regards,

Post by **John** » Fri Apr 08, 2011 10:23 pm

indiansummer, I am not going to make any assumptions! What is the nationality of you and your spouse? Also, as regards both of you, did either of you work in another country apart from that of your nationality, prior to coming to the UK? If yes, details please.

nikki9920 · Post by **nikki9920** » Sat Apr 09, 2011 8:32 pm

nksg wrote:Already replied to your PM.

indiansummer wrote:sorry what is this NOC that you mentioned that I should get in writing?

Hello nksg,

Would it be possible that you could share noc or format of noc with me?

Regards,

Post by **John** » Sat Apr 09, 2011 8:43 pm

sorry what is this NOC that you mentioned that I should get in writing?

Already replied to your PM.

nksg, can you tell the rest of us what NOC means?

Post by **geriatrix** » Sat Apr 09, 2011 9:58 pm

No Objection Certificate

Post by **John** » Sat Apr 09, 2011 10:47 pm

Who is expected to write such a certificate?

maximux79 · Post by **maximux79** » Tue Apr 12, 2011 9:37 am

Another query related to benefits. does council tax rebate of 25% for single occupancy is treated as benefit? This different to council tax benefit which is treated as a benefit. can you pls help in clarification. Thanks

John wrote:Who is expected to write such a certificate?

Post by **John** » Tue Apr 12, 2011 10:06 am

does council tax rebate of 25% for single occupancy is treated as benefit?

I think you are asking slightly the wrong question. That is, what you really want to know is whether the "25% for single occupancy" discount is within the definition of Public Funds, as in para 6 of the Immigration Rules.

The answer is clear .... no!

maximux79 · Post by **maximux79** » Tue Apr 12, 2011 10:30 am

Thanks for the reply John. I'm relieved as I had claimed 25% council tax rebate in the past...Thanks..

John wrote:
does council tax rebate of 25% for single occupancy is treated as benefit?
I think you are asking slightly the wrong question. That is, what you really want to know is whether the "25% for single occupancy" discount is within the definition of Public Funds, as in para 6 of the Immigration Rules.

The answer is clear .... no!

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Child benefit and effect on ILR application

Child benefit and effect on ILR application

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Child benefit and effect on ILR application

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