UKBA's Notes - Benefits

[mazhar-uk]

Hi all,

SORRY FOR THE LONG POST BUT THE BACKGROUND INFORMATION IS IMPORTANT.

I have recently (June 2011) obtained ILR on the basis of 10 years long residence.

Soon after this ILR, my next action was to change the visa status of my wife and three minor children from dependants of Tier 2(General) to FLR (M) which has also been approved and we have now received our documents back.

UKBA has also sent some notes with my dependants FLR(M) approval letter on which it states that:

"Under the Immigration Rules you are not entitled to receive public funds to help meet your living and accommodation costs (or those of any dependants). In addition your sponsor is not entitled to claim or receive public funds on your behalf. The term "public funds" is defined in paragraph 6 of the Immigration Rules. The public funds which you are not allowed to claim for and receive are listed below:"

And there is a long list of benefits in the list which also includes child benefits and child tax credit.

Until recently I was under the impression that as an ILR holder I can now claim child benefit for my three children on my name and child tax credit jointly with my wife. Please note that me and my wife works full time.

This brochure states that even the sponsor can not claim or receive public funds.

I am really confused now because I have recently applied for child benefit and child tax credit although did not hear anything from HMRC yet.

Please help me to determine if we are allowed to claim these benefits or not because I am now planning to submit Set(M) application for my wife and children in next few weeks and do not want to mess up the things.

Thanks and regards.

[Greenie]

You are entitled to claim CTC and CB even though your wife has no recourse to public funds.

See detailed public funds guidance

Specifically page 17

"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.

[mazhar-uk]

[quote="Greenie"]You are entitled to claim CTC and CB even though your wife has no recourse to public funds.


Thanks Greeni, I really appreciate that. I have gone through the link and will now submit their Set(M) application with confident.

Regards