Applying for ILR, Wife Claims Child Benefits

[ajbhatta]

Hi, Here is my situation,

I will be applying for ILR in June next year. I was recently going through the UKBA website and came across the new changes to the SET(M) requirements. But while going through the form, it talks about CHILD BENEFITS. I am a bit puzzled here.

I am Indian and my wife is British, I came to the UK in May 2011 on a Settlement - Spouse Visa. In June 2012 my son (He's British too) was born and from July onward's my wife has been claiming Child benefits which come in monthly for the last 5 months. Please note that during my settlement Spouse visa application my wife had signed an Undertaking (FORM SU07/01) that she will not access any public funds. We only applied for it as we were encouraged by the hospital nurses and health visitor. We most certainly do not require any type of benefit for us or our child.

My predicament is that, will this affect my application for ILR. Should I return it back to HMRC or not?

[Casa]

Your wife is entitled to claim Child Benefit for your son.

[ajbhatta]

So just to confirm my wife claiming child benefit for my son should not have an negative impact on my ILR application, correct? It's just that she had sign the above mentioned undertaking and on the home office website it shows that claiming benefits is accessing public funds. So how does it work?

[Casa]

The Child Benefit is claimed by your British wife for your son, who is also British. This won't affect your application.