Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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RHussain07
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by RHussain07 » Tue Jan 31, 2012 3:47 pm
dear all,
my wife has come to the uk on a spouse visa - whilst in the UK, we had a baby and we receive child benefit in my wife's name.
is that a problem? - as one the ILR form it lists child benefit as a public benefit and as you know applicants cannot have 'recourse to public funds'.
can someone please advise?
many thanks
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Greenie
- Respected Guru
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by Greenie » Tue Jan 31, 2012 3:51 pm
if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?
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RHussain07
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by RHussain07 » Wed Feb 01, 2012 4:42 pm
Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?
Hi Greenie,
thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.
does that help?
Thanks,
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Greenie
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by Greenie » Wed Feb 01, 2012 7:29 pm
RHussain07 wrote:Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?
Hi Greenie,
thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.
does that help?
Thanks,
no - not really - I asked what your wife's nationality is, not yours.
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RHussain07
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by RHussain07 » Fri Feb 03, 2012 5:04 pm
Greenie wrote:RHussain07 wrote:Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?
Hi Greenie,
thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.
does that help?
Thanks,
no - not really - I asked what your wife's nationality is, not yours.
Apologies - she is Pakistani. I setup the child benefit in her name as we needed letters in her name (for our ILR application) but I did not realise that by doing so, it may cause an issue.
given i am a uk citizen, i can claim child benefit but unsure as to if having it in her name would be an issue.
What do you think?
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Greenie
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by Greenie » Fri Feb 03, 2012 5:06 pm
you need to claim in your name, your wife should not be claiming - it is a breach of the condition of her leave.
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doubletrouble
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by doubletrouble » Fri Feb 03, 2012 6:29 pm
As mentioned by Guru I would return all the claimed amount with a good explaination and then claim in your name. You can claim back for upto 3 months.
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arsenal49
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by arsenal49 » Fri Feb 03, 2012 7:59 pm
cant u just go n tell them...to correct their records to include YOUR name and not your wife's name... worth a shot!
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doubletrouble
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by doubletrouble » Fri Feb 03, 2012 8:13 pm
Good thought but they must back date it to day 1 also you need to ensure nothing appears on her record when home office does checks when she applies for ILR/extension using her NI number.
arsenal49 wrote:cant u just go n tell them...to correct their records to include YOUR name and not your wife's name... worth a shot!