Tier 2 Extension, but Child Benefit appears to be a problem

[palaremzi]

Background:
- Turkish Citizen, in the UK since Sept 09 on Tier 2 visa, visa valid till Sept 2012. Usual disclaimer on visa: No recourse to public funds. Same goes with wife, Turkish citizen and no recourse to public funds. Child was born outside of the UK.
- Claimed Child Benefit on Oct 09 on the ground that a national of Algeria, Morocco, San Marino, Tunisia or Turkey who is a lawful worker in the UK may still have the right to get Child Benefit even if the person is subject to immigration control. This is clearly stated in the application forms. Child benefit started Dec 09 and still receiving.

Question:
I've read horror stories on the board regarding applications being denied because of no recourse to public funds. The relevant question in the visa extension form is: "Is the applicant receiving any public funds?". My visa application is still about a year from now. I am thinking about canceling the child benefit now and say "No" that question. Indeed by time I fill out the form it will have been almost a years since I would have stopped receiving the child benefit. Since the question is about the present, not the past, I would not be lying.

The alternative is being more straight and explain that I receive the benefit for the right reasons, but my impression, at least from what I've read on the board is that, once you say "Yes" to a question that was supposed to be a "No", then you'd find yourself in a lot more trouble.

Any suggestions welcome!

In particular does the UKBA have access to to databases of public funds and do they check whether people have received child benefit, say, 8 or 9 months ago?

[John]

You have no problem, and need to appreciate that the definition of "Public Funds" in para 6 of the Immigration Rules is effectively flexible, because it is also necessary to take account of the small paras that follow, 6A, 6B and 6C, which effectively change that definition in stated circumstances.

For you para 6B is in place and accordingly, for you, Child Benefit is not within the definition of Public Funds.

As regards Turkish citizens there is no problem claiming :-

• Attendance allowance
• Carer’s allowance
• Child benefit
• Child tax credit
• Council tax benefit
• Disability living allowance
• Housing benefit
• Income-based jobseekers allowance
• Income related allowance (ESA (IR) – formerly income support
• Social fund payment
• Working tax credit.

[palaremzi]

Dear John

Thanks for the quick and very technical reply.

What would be your suggestion: From what I read I deduce that when filling out the forms the answer to that question "Is the applicant receiving any public funds?" is a straight No, with no further explanation.

Or should I provide a covering letter detailing this whole thing?

Thanks

You have no problem, and need to appreciate that the definition of "Public Funds" in para 6 of the Immigration Rules is effectively flexible, because it is also necessary to take account of the small paras that follow, 6A, 6B and 6C, which effectively change that definition in stated circumstances.

For you para 6B is in place and accordingly, for you, Child Benefit is not within the definition of Public Funds.

As regards Turkish citizens there is no problem claiming :-

• Attendance allowance
• Carer’s allowance
• Child benefit
• Child tax credit
• Council tax benefit
• Disability living allowance
• Housing benefit
• Income-based jobseekers allowance
• Income related allowance (ESA (IR) – formerly income support
• Social fund payment
• Working tax credit.

[John]

I think the way UKBA choose to design the Public Funds question on their forms means that it is not easy to know how to answer the question.

On reflection I think I would answer the question "No" but point out that as a Turkish citizen you are claiming Child Benefit but for you that does not count as Public Funds.

Hope that helps.