HSMP & Child Benefit

[Mrs Khan]

My friend who works for NHS and currently on HSMP status is like to apply for ILR next year. He was blessed with a baby girl four months ago and since then he is claiming child benefit. As far as my understanding is concerned HSMP's are not entitle to claim child benefit, will this effect his ILR application and he has been claiming it since four month how can he rectify it if this was the mistake on his part?
thanks

[John]

As far as my understanding is concerned HSMP's are not entitle to claim child benefit, will this effect his ILR application and he has been claiming it since four month how can he rectify it if this was the mistake on his part?

Your friend's nationality? His partner/wife's nationality?

And in respect of both of them, before coming to the UK, did either of them work in another country, apart from that of their nationality? If yes, please give details.

[Mrs Khan]

My friend is of Pakistani Nationality . His wife also holds pakistani nationality and joined him an year after when he came to UK. They have not worked in any other country before coming to UK.

[John]

OK, that being the case, they should not be claiming Child Benefit (nor Tax Credits).

They should contact the Child Benefit forthwith and withdraw the claim.

The effect on the later ILR should be nil. I say this because the application form asks about Public Funds in the present tense .... Are you claiming .... and of course the truthful answer at that time will be .... no!

As far as my understanding is concerned HSMP's are not entitle to claim child benefit,

It is not that simple. For example, had they been from Canada, or even worked in Canada at some time, they would have been entitled to claim the Child Benefit.

[marmar]

hi john
i am a canadian on a work permit here and was automatically enrolled in child benefit when i applied for daughters child trust fund money. Was this correct? I am going to be applying for ILR and if i am entitled is there any documentation to show proof of eligibility I can bring with me when i bring my application to the Home Office to ensure my request is not delayed?

[John]

Thanks to a Social Security Agreement between the UK and Canada it is totally OK for you to have claimed Child Benefit.

I suggest you download this document from the UKBA website. In particular go to page 4 of 7 ... right-hand column ... and you will see Canada listed there ... and the ability to claim Child Benefit.

Please confirm that you have not also claimed Tax Credits.

If concerned about the ILR application, you might like to print out that page, or even the whole document.

[remo1]

OK, that being the case, they should not be claiming Child Benefit (nor Tax Credits).

They should contact the Child Benefit forthwith and withdraw the claim.

The effect on the later ILR should be nil. I say this because the application form asks about Public Funds in the present tense .... Are you claiming .... and of course the truthful answer at that time will be .... no!

As far as my understanding is concerned HSMP's are not entitle to claim child benefit,

It is not that simple. For example, had they been from Canada, or even worked in Canada at some time, they would have been entitled to claim the Child Benefit.

Do they really check that? Many of my friends has got HSMP extension/ILR by answering "NO" to that question even though they had been claiming child benefit. I still cannot fathom whether it is luck or bliss of ignorance by HO to overlook this.

[marmar]

phew, thanks John. I haven't claimed tax benefits so it sounds like i am a ok for my Ilr application .