Benefits

[Fiona86]

Hi I am a British citizen and my partner is from New Zealand. He has been here for nearly 10 years working with visas. He is now going through the citizenship process, and has passed the life in the UK test. We have 3 children together in which I claim child benefit for but we joint claim child tax credit. The money goes into my account, but will this effect his citizenship?

[Casa]

Not at all.

[Fiona86]

I've heard that it does effect it because he is from New Zealand? Unsure about the under immigration control factors aswell. Stressed doesn't come close!!!

[Casa]

You've been misinformed. You've claimed correctly.

[Fiona86]

Ok, thankyou for your help. Can I also ask if he is subject to immigration control does that change things? Also I believe his visa runs out in March but I'm guessing it will take longer than that to sort out the citizenship how does that work?

[Casa]

No because the rules are that you should claim CB in your name alone and child tax credit and working tax credits must be claimed in joint names...which is what you've confirmed you are doing. You're worrying unnecessarily.
Just one important point. You say that his visa is expiring in March. He can only apply for British citizenship if he has been granted ILR. What visa is he currently holding?

[Fiona86]

From what I understand he is currently apply for ILR before citizenship. He is on a 2 year working visa at the monent which has all been sorted out through his employers.

[Fiona86]

He is only applying for ILR not citizenship. I got it wrong!

[Casa]

Ok, so no change to the benefit issue. What category of visa does he have exactly? If he intending to apply for ILR under the 10 year rule? If so, has his 10 year residence been unbroken? i.e no gaps in the visas or absence from the UK?

[Fiona86]

To be honest I'm not entirely sure I will have to find out. Erm with regards to the 10 years, years ago we used to have to leave the country for a day for his visa but then it all changed so I would say it has been about 8 years now with no absence.

[CR001]

Perhaps your partner should register on the forum and post if he has any questions. It gets difficult with second hand 'not sure' information.

[Casa]

If he's applying for SET(LR) ..10 years long residence it would be wise to check his immigration history. Having to 'leave the UK for one day' every now and then doesn't make much sense, unless he was trying to extend a visitor visa. I agree with CR001 that it might be better for your husband to post to avoid playing 'ping pong' with questions and answers.