Please Help: Child Benefit

[Raven]

Hi

I just wanted to ask about applying for Child benefit

My wife gave birth to a baby boy on 18th April 2007, and i was going to apply for child benefit but the problem is that on the notes it is stated that people who are subject to immigration control (no recourse to public funds) may not recieve child benefit as my wife is on 2 years spouse visa with this Sept 07 she will be applying for her ILTR and i want my wife to apply for the child benefit rather than me. I am really struck, i dont know what to do? shall my wife apply or should i wait?

I would be grateful if anyone can help me.

Thank You.

[SYH]

You have to apply for it
Why does your wife have to do it.

[Wanderer]

I may well be wrong but if both parents are subject to immigration control then they cannot claim CB.

I think if one partner is BC/ILR then it's ok but the OP is not clear on this.

[SYH]

Thats true
but he doesn't say he is on some kind of visa just his wife, making it sounds like his is British
I guess he needs to clarify

[John]

In June 2005 Raven posted :-

I am a british citizen and i got married on 9th september 2004 in Pakistan

Accordingly Raven, you (and not your wife) needs to claim the Child Benefit. Also you do not mention Tax Credits. Tax Credits need to be claimed jointly by a couple living together. At first glance your wife's visa condition creates a problem. However in view of some "small print" in the Tax Credits legislation, namely reg 3(2) Tax Credits (Immigration) Regulations 2003, it is totally OK for you and your wife to claim .... in your circumstances.

This is reinforced by para 6B of the Immigration Rules.

So get claiming ..... you to claim Child Benefit .... and you and your wife jointly to claim Tax Credits.