Child Benefits on Tier1 Visa

[John]

I do not think you need to, that is, it is not compulsory, but you might like to mention that you worked in Canada in a covering letter. I think doing that certainly cannot cause a problem, and can only help.

Do appreciate that because of the technical issues here, for you Child Benefit is not within the definition of Public Funds, which why you are entitled to claim that benefit.

[mnhmnh222]

[quote="John"]I do not think you need to, that is, it is not compulsory, but you might like to mention that you worked in Canada in a covering letter. I think doing that certainly cannot cause a problem, and can only help.

Do appreciate that because of the technical issues here, for you Child Benefit is not within the definition of Public Funds, which why you are entitled to claim that benefit.[/quote]

Thanks for your clarification. Is there any link/reference i can check to confirm this. Most reference on google say "Canadian Nationals" but i am Pakistani and got only Canadian "Permanent Residance" and worked only two years in Canada.
I have checked on google and it seems there might be a problem. I know there won't be any issues in my case but i just want to be 100% sure otherwise i will cancel my child benefit. Don't want to take any risk.

[mnhmnh222]

Could you please give me a link or reference where i can check that one can claim Child Benefit on Tier 1 visa if he/she had worked in Canada before (no matter whatever nationality).
Actually, I have looked at various UKBA documents regarding “no recourse to public funds” and they all say ‘Canadian Nationals’ can claim child benefit, but there is no mention of other nationals getting Child Benefit if they worked and paid social security in Canada.
Thanks.

[mnhmnh222]

I do not think you need to, that is, it is not compulsory, but you might like to mention that you worked in Canada in a covering letter. I think doing that certainly cannot cause a problem, and can only help.

Do appreciate that because of the technical issues here, for you Child Benefit is not within the definition of Public Funds, which why you are entitled to claim that benefit.

Hi,

I just called HMRC and asked to confirm if i am entitled to Child Benefit or not. I also mentioned that before coming to UK i worked in Canada for two years and paid social security etc. HMRC advisor told me that i don’t qualify for child benefit if it says “no recourse to public funds” on my Tier 1 visa. She said “ it does not make any difference if you lived and worked in Canada before”. They said they will suspend my Child Benefit and inform via a letter shortly. I have also asked them to confirm if i need to repay the child benefit that i already got.

I am thinking about attaching the HMRC letter with my Tier 1 renewal application. What else should i do now?

[wiggsy]

the reason they use MAY is because many factors influence the decision.

my wife cannot claim public funds. she is from indonesia. if she had a child and was not my partner she cannot claim child benefit or tax credits.

however, *I* can claim them., rule 6a and 6b make a CLEAR exception so as to allow ME to claim the benfit and also states that in this case, my wife will be deemed to have recourse to these benefits (tax credits and child benefit is not considered a public fund in these cases). my wife can claim cb in her name, legally, despite NRPF...

if your partner is not entitled to claim (ILR / ETC) then you cannot and should not claim...

[John]

I just called HMRC and asked to confirm if i am entitled to Child Benefit or not. I also mentioned that before coming to UK i worked in Canada for two years and paid social security etc. HMRC advisor told me that i don’t qualify for child benefit if it says “no recourse to public funds” on my Tier 1 visa. She said “ it does not make any difference if you lived and worked in Canada before”. They said they will suspend my Child Benefit and inform via a letter shortly. I have also asked them to confirm if i need to repay the child benefit that i already got.

I am thinking about attaching the HMRC letter with my Tier 1 renewal application. What else should i do now?

What should you do? Get back in touch with HMRC, and complain like mad that whoever you spoke to needs more staff training! I reiterate that in your circumstances you are entitled to Child Benefit, and you certainly should not be repaying anything.

Why did you think it necessary to contact HMRC?

my wife cannot claim public funds. she is from indonesia. if she had a child and was not my partner she cannot claim child benefit or tax credits.

Assuming you are British or otherwise settled in the UK, what you say is incorrect. She is entitled to be the Child Benefit claimant, and be joint claimant on a Tax Credits claim.

[mnhmnh222]

I just called HMRC and asked to confirm if i am entitled to Child Benefit or not. I also mentioned that before coming to UK i worked in Canada for two years and paid social security etc. HMRC advisor told me that i don’t qualify for child benefit if it says “no recourse to public funds” on my Tier 1 visa. She said “ it does not make any difference if you lived and worked in Canada before”. They said they will suspend my Child Benefit and inform via a letter shortly. I have also asked them to confirm if i need to repay the child benefit that i already got.

I am thinking about attaching the HMRC letter with my Tier 1 renewal application. What else should i do now?

What should you do? Get back in touch with HMRC, and complain like mad that whoever you spoke to needs more staff training! I reiterate that in your circumstances you are entitled to Child Benefit, and you certainly should not be repaying anything.

Why did you think it necessary to contact HMRC?

Hi John.
Reason why i called HMRC child benefit office was i wanted to be 100% sure before applying for my renewal otherwise UKBA may refuse my application and then i have to go through the appeal process.
Also, on Tier 1 Visa Form (v 12/12), there is a question (N2) asking about Child Benefit but there is no question or space to explain why you are getting child benefit.

[John]

Exactly, the form issued by UKBA is badly drafted,something I have said on this board many times.

The form makes no attempt to cover unusual circumstances such as yours.

[mnhmnh222]

I do not think you need to, that is, it is not compulsory, but you might like to mention that you worked in Canada in a covering letter. I think doing that certainly cannot cause a problem, and can only help.

Hello John,

In my covering letter to UKBA (regarding Child Benefit on Tier 1 visa for person who lived and worked in Canada), is it OK if i give reference of “CBTM10140 - Residence and Immigration: Immigration - Exceptions to the general exclusion” which states “People who are subject to immigration control are not excluded from entitlement to child benefit if they are a national of, or a person who has come to live in the UK from, a country that has a reciprocal social security agreement with the UK which covers child benefit”.
Or is there any other guidance?

Thanks.

[John]

A good idea to mention that.

To assist, that part of the HMRC staff guidance to those dealing with Child Benefit claims reads ..... click here ......

[wiggsy]

my wife cannot claim public funds. she is from indonesia. if she had a child and was not my partner she cannot claim child benefit or tax credits.

Assuming you are British or otherwise settled in the UK, what you say is incorrect. She is entitled to be the Child Benefit claimant, and be joint claimant on a Tax Credits claim.

sorry john, i think you misread my post.

I know my wife CAN CLAIM. but if she was not in a durable partnership/marriage with me (IE: one of us left the other tomorrow) the claim would not be "legal"

I was simply trying to explain why they use the word MAY NOT instead of "WILL NOT". - There are exceptions to the rule.

-

although, i called HMRC to transfer my claim for CB to my wife (NI contributions ETC) and was told to do so would be fraudulant,...

which prompted this FOI request:
http://www.whatdotheyknow.com/request/n ... ing-355522

[John]

Nice one! The next HMRC letter could be interesting.

[konglong]

In that case there is no entitlement to claim Child Benefit while you are still on a time-limited visa .....


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[isaac2k2]

In that case there is no entitlement to claim Child Benefit while you are still on a time-limited visa .....
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Hi all, i have been following all responses here and I am also in a slight similar situation and I am abt to apply for my ILR in August.

3yrs ago while under Tier1 visa status (no recourse to public funds), my wife gave birth to my twin girls. Due to the situation I was in since my initial Tier1 application was rejected and court later accepted my case. It took 5months before my visa was returned from home office and by then i was told that my daughters where entitled to child benefit.

I called and wrote to HMRC to reconfirm if my daughters are actually entitled to it after I had submitted the form, yet they said they where. A week after they replied to me saying they where entitled to it and then immediately they paid in the first money, I spoke to a friend who then told me that it was wrong and so I immediately wrote back to them apologizing for the mistake and asked them to cancel it immediately. I also included a check for full refund of the first and only money paid in including the vouchers sent.

they replied back saying they have cancelled it and that my daughters where not entitled to it and that the money had been refunded.

Q: Now I am filling my ILR form, am I to tick that I am collecting child benefit even though I had refunded and cancelled within the first month of first payment?

[Amber]

In that case there is no entitlement to claim Child Benefit while you are still on a time-limited visa .....
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Hi all, i have been following all responses here and I am also in a slight similar situation and I am abt to apply for my ILR in August.

3yrs ago while under Tier1 visa status (no recourse to public funds), my wife gave birth to my twin girls. Due to the situation I was in since my initial Tier1 application was rejected and court later accepted my case. It took 5months before my visa was returned from home office and by then i was told that my daughters where entitled to child benefit.

I called and wrote to HMRC to reconfirm if my daughters are actually entitled to it after I had submitted the form, yet they said they where. A week after they replied to me saying they where entitled to it and then immediately they paid in the first money, I spoke to a friend who then told me that it was wrong and so I immediately wrote back to them apologizing for the mistake and asked them to cancel it immediately. I also included a check for full refund of the first and only money paid in including the vouchers sent.

they replied back saying they have cancelled it and that my daughters where not entitled to it and that the money had been refunded.

Q: Now I am filling my ILR form, am I to tick that I am collecting child benefit even though I had refunded and cancelled within the first month of first payment?

No, you would answer no if you are currently not claiming,

[isaac2k2]

No, you would answer no if you are currently not claiming,

Thanks

[isaac2k2]

No, you would answer no if you are currently not claiming,

Thanx