Questions on ILR application for my spouse

[anan_88]

Hi all,

A quick search under ILR topic category hasn't given me definitive answers to my questions. If these have been answered prior to this message, please point me to those threads. Thanks!

Context: I got my ILR back in 2019. Got my citizenship in 2021. My spouse entered the UK in Feb 2017 on Tier 2 dependant, and later moved to Tier 1 talent dependant (when I switched from Tier 2 to Tier 1). That makes her eligible to apply for an ILR as per the guidance. However, I've a couple of questions before I go ahead and apply.


1. My understanding is that my spouse's application will be a SET (O) application because she entered and lived as my dependant. Is this correct?

2. Since getting my ILR application I've been claiming child benefit for my child, but given my income exceeds a certain level, a 100% of the benefit goes back to HMRC when I file self-assessment each tax year. My spouse isn't a joint claimant in this and it all goes back to HMRC anyways. Don't think this impacts her ILR case at all? Should I clarify in a letter to the Home Office as a part of her application or not required?

(Additionally, though irrelevant but others might be helped in the future: I've read that even if she did claim the child benefit she wouldn't be in breach of any immigration rules because she can't be excluded from child benefit entitlement of a British child because her visa is subject to immigration control.)


As always, this forum has some incredible people helping others get to correct information and guidance! So thank you all in anticipation once again! Best regards.

[zimba]

1. SET(O) is correct
2. No issues there. Child benefit is ok however with universal credit, things may be a bit more complicated: indefinite-leave-to-remain/ilr-set-m-wi ... l#p2022207

[anan_88]

Hi. Thanks for the info. She hasn't used any benefits. And I only get the Child Benefit (which, as mentioned earlier, goes back to HMRC in its entirety). Can I check the following with you? Since my wife is the only applicant in this application, should the answer to the following question be a 'no'?

Do you or anyone else who is part of this application receive any public funds? (Required)
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance. See a full list.

[zimba]

The answer will be No