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Entitlement to child benefit with ILR based on long residenc

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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asifaslam421
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Posts: 4
Joined: Thu Dec 11, 2014 5:34 pm

Entitlement to child benefit with ILR based on long residenc

Post by asifaslam421 » Thu Dec 11, 2014 10:36 pm

Hi
I have received my ILR based on long residence status recently. Before that i was on tier 2 general visa and my wife joined me here from Pakistan on tier 2 dependent visa dated January 2014. We had a baby last month in UK and i have got some queries regarding our immigration status and would appreciate if any of you have any knowledge and would respond to it.

[*] Am i eligible to apply for child benefit or child tax credit for my kid based on my ILR and if i could , would it effect my eligibility for UK citizenship next year and my wife visa status as she is still on immigration control status (TIER2 dependent)

[*] How could i apply for my kid citizenship as he born here ? Can i apply straight away as he born here or should i have to wait for sometime in order for him to be eligible for citizenship.

[*] My wife is on tier 2 dependent visa and that would expire on march 2016 . Do i have to apply for her new visa i.e dependent of ILR holder as my tier 2 visa is not there anymore OR she is okay if we wait for her current visa to expiry time and then apply for ILR dependent. It is my understanding that she has to spend five years legally in UK on any visa type in order to become eligible for ILR . please confirm . Furthermore do we need her to have English language points for her next visa extension

sunnysomerset
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Posts: 32
Joined: Wed Feb 26, 2014 1:15 am

Re: Entitlement to child benefit with ILR based on long resi

Post by sunnysomerset » Thu Dec 11, 2014 11:20 pm

1) Child Benefit: As far as I know you ARE eligible to apply for child benefit, on the basis that you dont have any visa restrictions now. Just make sure the ILR BRP doesn't say "No access to public funds", or something along those lines. I applied for it and currently receiving the benefit.

2) If your child was born in the UK after you received your ILR visa then he qualifies for British Passport straightaway, i.e. he is considered a British Citizen. However, if s/he was born before your ILR then you will first need to apply for Citizenship on Form MN1. Once you receive the citizenship number then you can apply for the passport. Remember s/he should have been born here for the above to apply, otherwise I dont know the rules.

3) You can keep extending her visa until the 5 year mark under Tier 2 dependent. However, since you qualified under SET(LR) you will need to apply for your wife on FLR(M) at some point. To be honest I'm not sure of the exact procedure for that but I know its a bit long winded. My brother will be facing the same thing so I would like to know too.

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