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ILR - Child Benefits

Posted: Wed Feb 15, 2023 7:10 pm
by Sky150952
Hi

My wife is a British citizen and I’m currently on a spousal visa and I’m applying for an ILR.

After obtaining my last spousal visa my wife had a child and my wife applied for the child benefit. I did not apply for child benefit as I’m the one with the visa. She provided our joint account for the funds to be put in and both wife and I are joint account holders. As such we’ve both put money in and out of that account which we use for other things eg: everyday expenses.

This was a complete oversight from us. We’ve just come to the realisation when applying for the ILR that even thought I didn’t claim the child benefit and my wife did but the fact that the money goes into a joint account which we both have access to and I’m not allowed to public funds. Will this negatively affect my ILR application? Hoping and praying it’s not an issue but if it is, then what options do I have to resolve this complete oversight?

Your help and guidance in this will be truly appreciated.

Thank you

Re: ILR - Child Benefits

Posted: Wed Feb 15, 2023 7:16 pm
by zimba
The fact that money comes in the joint account is irrelevant. Your spouse has the right to apply for child support and this should not affect you at all

Re: ILR - Child Benefits

Posted: Wed Feb 15, 2023 7:21 pm
by Sky150952
Thank you for your prompt response. It brings some comfort. My sincere apologies for my ignorance. As I’m new this. Can I please check. The person who replied to my post or people that reply to these posts. Are you someone who works with immigration or immigration uk or been through this before etc? Thank you

Re: ILR - Child Benefits

Posted: Wed Feb 15, 2023 7:23 pm
by CR001
Most members have many years experience going though a various immigration journeys, ILR and citizenship.

The forum is hosted by n immigration consultant business but has not affiliation with the home office etc.

Zimba is a moderator on the forum.

The advice you have been given is correct.

Re: ILR - Child Benefits

Posted: Wed Feb 15, 2023 7:25 pm
by Sky150952
I really appreciate the help from both of you

Re: ILR - Child Benefits

Posted: Thu Feb 16, 2023 2:00 pm
by Sky150952
A follow up question please. I accept everything that’s mentioned above. But I also wanted to add that my nationality is New Zealand. Is my nationality that has a reciprocal agreement with the UK when it comes to child benefit even though on my BRP it says no public funds. I would like reiterate that it was my wife who’s a british citizen who claimed the benefit but I was curious to know regarding the above question too please? Thank you

Re: ILR - Child Benefits

Posted: Thu Feb 16, 2023 2:13 pm
by CR001
See page the Public Funds document below for guidance.

https://assets.publishing.service.gov.u ... ds-v18.pdf

But as your wife has claimed, there is no issue here, regardless of whose bank account it is paid into.