Claiming benefits

[lansiu]

Hi all

My wife is on a student visa we have not yet put in for a application for her with the UKBA we also have a baby together who is 2 months old. I'm a British born.

We currently living in with my parents and i am working part time. Now what i wanted to know is can i myself claim any benefits for my child without it affecting my wife's application. Im trying to get my head around this immigration rules and polices but its just blowing my mind.

My wife who has not been attending her school due to looking after our baby is also getting pestered by them. will this also affect her application need help don't want to let them take my wife and child away.

Lanz

[ElenaW]

If your wife is not attending this will get reported. So she will be seen as an over stayer if this continues.

You can apply for benefits for the child in your own right but don't get extra because of your wife.

[lansiu]

Thanks for the reply Elana

would it be possible to get child tax credit without it affecting my wife application ? I'm gona send off her application ASAP.

Will keep you posted with what happens.

Lanz

[ElenaW]

Thanks for the reply Elana

would it be possible to get child tax credit without it affecting my wife application ? I'm gona send off her application ASAP.

Will keep you posted with what happens.

Lanz

Yes it is. Just make sure they are aware of your wife's immigration status and make it clear that she has no recourse to public funds. You apply jointly but receive a single rate.

[Greenie]

Thanks for the reply Elana

would it be possible to get child tax credit without it affecting my wife application ? I'm gona send off her application ASAP.

Will keep you posted with what happens.

Lanz

Yes it is. Just make sure they are aware of your wife's immigration status and make it clear that she has no recourse to public funds. You apply jointly but receive a single rate.

that's not quite right. you claim tax credits as a couple and you will recieve the same as you would have done if your wife did have recourse to public funds, this is because with tax credits, when one part of a couple has recourse to public funds, the person who does not have recourse is treated as having recourse for the purpose of the claim. It is different for other benefits for example, JSA which can only be claimed by the person with recourse and only the rate which a single person would receive.