Can I apply for Child benefit for my SON?

[moulie18]

Hi dear people.

I have my ILR granted recently and My wife has been given "spouse/Partner" visa with work permit until 20.05.2016 with "NO RECOURSE TO PUBLIC FUNDS"

My son (who was born in the uk in 2007) has been issued with "Dependant visa until 20.05.2016 with "NO RECOURSE TO PUBLIC FUNDS".

Is there any way I can apply for CHILD BENEFIT to my son??


Thanks for your advices.

best regards,

Moulie

[Amber]

Yes, child benefit in your name, tax credits in joint names. I assume you didn't sign an undertaking for the child.

[moulie18]

Yes, child benefit in your name, tax credits in joint names. I assume you didn't sign an undertaking for the child.

Hi Amber,
Such a fast response. I am so impressed

Tax credit did not work for me. Calculation result was =0.

But Does that mean I can apply for a child benefit for my son? (his visa clearly says that No Public Funds)

Thanks a lot.

Moulie

[Amber]

Yes, providing no undertaking was given.

[moulie18]

Yes, providing no undertaking was given.

Thanks very much Amber. You are a star.

There is not enough guidelines if we need to apply for something.
But if the Uk gov.t need to apply something, there are hundreds..

Best regards,
Moulie

[oocha]

Yes, providing no undertaking was given.

Hi Amber,

I am on Tier 1 Gen. My wife is PBS Dep. I will be applying my ILR under 10 years.

My Daughter was born in the UK and then returned back to Pakistan. My Wife's visa got expired there and then they both came here after taking entry clearance. I signed the Sponsorship letter and promised that i will be supporting them without recourse to public funds.
Does that mean that I cannot claim CB and TC after ILR until her visa expires or my daughter gets British Citizenship which i think she will be eligible immediately after my ILR.
My wife will be on PBS Dep visa which is expiring in 2016, should I apply for her spouse visa immediately after my ILR or wait until 2016 as she would have already spend more than 30 month by than and after she can get 30 months spouse visa, which will make her 5 years.

[John]

After you have got your ILR, no problem those benefit claims being made.

Also, given your daughter was born in the UK, you can make an application for her to be Registered as a British Citizen, under section 1(3), an entitlement application, no UKBA discretion involved.

[oocha]

After you have got your ILR, no problem those benefit claims being made.

Also, given your daughter was born in the UK, you can make an application for her to be Registered as a British Citizen, under section 1(3), an entitlement application, no UKBA discretion involved.

Thank you very much John.

What i understood from you reply is.

1. Claiming Child benefit, Child Tax credit and working tax credit after my ILR will not effect my Wife's future applications. i.e (i) PBS Dep to Spouse and then second (ii) Spouse to ILR on 5 years basis.

2. The financial declaration i gave while applying entry clearance for my Wife and daughter that they will have no recourse to public funds will not be violated if i claim those benefits.

3. I can apply my daughter's BC immediately after my ILR.

am i right??

[John]

Using your numbering :-

1. Correct
2. You need to appreciate that the term "Public Funds" is specially defined, and actually varies dependent upon circumstances. In view of para 6B of the Immigration Rules, for you the term "Public Funds" does not include the benefits you are talking about (once you have ILR).
3. As your child was born in the UK, yes, as soon as you have your ILR an application under section 1(3) can be made for Registration as a British Citizen, an "entitlement" application, no UKBA discretion involved.

[fwd079]

Using your numbering :-

1. Correct
2. You need to appreciate that the term "Public Funds" is specially defined, and actually varies dependent upon circumstances. In view of para 6B of the Immigration Rules, for you the term "Public Funds" does not include the benefits you are talking about (once you have ILR).
3. As your child was born in the UK, yes, as soon as you have your ILR an application under section 1(3) can be made for Registration as a British Citizen, an "entitlement" application, no UKBA discretion involved.

Thank you John, this cleared my situation completely. Many thanks for helping out here in forums, read a lot and its fantastic to say the least.

Regards.

[zwadi]

Hello guys,
I am sorry to bother you as I am repeating the same question.

My wife and I recently got ILR based on Tier 1 general. We have UK born baby , can we claim child benefit and it won't effect BC?

I guess answer is yes but can any of you please advise email address or link confirming above as I would like to have it in black and white. or any any number that I can call and confirm please?

Just to add, my son is still on PBS dependent and I am going to register him as BC....Let me know please if it will cause any problem for us.




Thanks

Zain

[John]

Not sure of any link but the principle is very simple. Now that you have ILR you are entitled to claim any benefit that your circumstances dictate that you are entitled to. And any such claim will have no impact upon anything else, including any later application for Citizenship.

You have a child and therefore are entitled to claim Child Benefit, and possibly also Child Tax Credit. Any such claims will depend upon level of income.

[zwadi]

Thanks for your quick reply John!

I am bit worried as I don't want to endanger my BC application which is due next year.

I think I am going to apply for child benefit only as I am not eligible for Child tax credit due to income threshold.

However, can you confirm that it is not going to effect my son BC as he is still on PBS dependent and I am going to apply his BC rather applying for his ILR as he was born in the UK?

Thanks and again much appreciated for your time.

Zain

[John]

There is no problem you claiming Child Benefit, even before your son is a British Citizen. After all he is not the claimant, is he!