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30 hour childcare - one parent on ILR

Questions and discussions about claiming benefits while living and working in the UK

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jrs1984
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30 hour childcare - one parent on ILR

Post by jrs1984 » Mon Jan 16, 2023 6:21 pm

Hi,

I recently received Set LR application approval (ILR) and my son who is born in UK is turning 3 years in Feb. Can I claim 30 hour free childcare for my son (assuming i can use public funds) with my wife on PBS visa application under processing?

My wife arrived in 2014 so she will be eligible for Set LR in 2024 - does us applying for free childcare be impacting her ILR application in future? will this be counted as recourse to public fund under her name restricted by PBS visa or as asked in ILR application?

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zimba
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Re: 30 hour childcare - one parent on ILR

Post by zimba » Mon Jan 16, 2023 7:20 pm

No
In two-parent households, both parents must meet the requirements relating to employment and earnings but only one parent needs to meet the residence requirement. For example, if one parent is a British citizen and the other parent has leave to remain with NRPF, the British parent can make the application. As government funded early education and childcare is not a 'public fund' for immigration purposes, a parent who has no recourse to public funds can be included in an application.

https://www.nrpfnetwork.org.uk/informat ... e-sections
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JB007
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Re: 30 hour childcare - one parent on ILR

Post by JB007 » Mon Jan 16, 2023 8:39 pm

From the gov.uk site
30 hours free childcare
...

Your immigration status

To be eligible for 30 hours free childcare, you must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this

If you have a partner, they must have a National Insurance number too.
https://www.gov.uk/30-hours-free-childcare

jrs1984
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Re: 30 hour childcare - one parent on ILR

Post by jrs1984 » Mon Jan 16, 2023 9:50 pm

Thank you everyone - so my interpretation of the given links and highlighted excerpts is that I can ahead making application for 30 hour childcare - and it won't impact my wife's Set LR application in future.

I am just wondering why the NRPF site mentions childcare as not a public fund, but the childcare application itself asks if the applicant has access to public fund and mentioning it as 'No' (which I tried in past prior to ILR) rejects the eligibility to enrol for it !

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zimba
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Re: 30 hour childcare - one parent on ILR

Post by zimba » Tue Jan 17, 2023 1:13 am

jrs1984 wrote:
Mon Jan 16, 2023 9:50 pm
Thank you everyone - so my interpretation of the given links and highlighted excerpts is that I can ahead making application for 30 hour childcare - and it won't impact my wife's Set LR application in future.

I am just wondering why the NRPF site mentions childcare as not a public fund, but the childcare application itself asks if the applicant has access to public fund and mentioning it as 'No' (which I tried in past prior to ILR) rejects the eligibility to enrol for it !
Because people with NRPF will fail the residence requirement. :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: 30 hour childcare - one parent on ILR

Post by jrs1984 » Wed Jan 18, 2023 12:07 am

Got it !

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Re: 30 hour childcare - one parent on ILR

Post by JB007 » Wed Jan 18, 2023 11:27 am

I think it is a public fund. Public Funds have a residency requirement for benefits (not to be confused with the residency requirment to be able to live in the UK).

The UK have made it very clear under the Welfare Reforms, that they want people who and therefore contribute to the country. Those who want the 30 hours childcare can have this if they meet the requirements and have a NRPF partner who works too.

Whereas the UK has ended the short lived welfare benefit called Working Tax Credit, which allowed those who didn't work many hours to claim extra benefit money for a NRPF partner (who also didn't work/work many hours).

For the able bodied who didn't work and claimed Child Tax Credit, Housing Benefit etc, They brought in the Benefit Cap and limited the claim to 2 children.

For those whpo avoided the job centre but claimed both Tax Credit etc as they claimed they were self emplyed but didn't earn much, that ends under Univrsal Credit.

The replacement benefit called Universal Credit, also has the 2 child limit but requires both parent to work, unless they have an exemption. The also brought in 3 year benefit sanctions.

Benefits for a mixed age couple changed too and there is no more claiming pensioners benefits when one partner is below state pension age. Now, the younger partner must work to keep their older partner and the older partners pensions are deducted from the the Universal Credit amount pound for pound, which often means that they cannot have any benefit money.

Under Universal Credit, many are better off, but those who avoid work are not.

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Re: 30 hour childcare - one parent on ILR

Post by zimba » Wed Jan 18, 2023 2:44 pm

Only the benefits and services listed in s115 of the Immigration and Asylum Act 1999 and at paragraph 6 of the Immigration Rules are classed as public funds for immigration purposes which restricts access to mainstream benefits such as universal credit, housing benefit and child benefit. This excludes early education and childcare. NRPFnetwork website correctly points out that government funded early education and childcare is not a 'public fund' for immigration purposes

See the official guide: https://assets.publishing.service.gov.u ... ds-v18.pdf

You can see this being reiterated by other organisations like MaternityAction:
Although childcare provision is not a public fund, access to some provisions will depend on the parent’s immigration status or whether they are in receipt of a qualifying benefit.
https://maternityaction.org.uk/advice/n ... nd-babies/
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Re: 30 hour childcare - one parent on ILR

Post by JB007 » Wed Jan 18, 2023 4:23 pm

zimba wrote:
Wed Jan 18, 2023 2:44 pm
which restricts access to mainstream benefits such as universal credit, housing benefit and child benefit.
Housing Benefit is one of the welfare benefits that has been replaced by Universal Credit for those of working age/mixed age couple, under the welfare reform laws.

But what I thought I had made clear, was that the UK has changed the laws and removed the being able to claim extra welfare benefits for a NRPF partner who also doesn't work/doesn't work much, but are happy to allow those working with a working NRPF partner, to claim the 30 hours childcare

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Re: 30 hour childcare - one parent on ILR

Post by jrs1984 » Wed Jan 18, 2023 9:16 pm

Sorry, I dont wish to muddle this discussion - but I have a question related to original post of mine.

I applied for 30 hour free childcare yesterday (having received ILR 8 days back) for my child who is still on Tier 2 Dependent visa with MN1 being filed tomorrow. I am aware that this benefit is subject to parent's status rather than child, but I am not sure if it can impact MN1 processing is anyway.

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Re: 30 hour childcare - one parent on ILR

Post by zimba » Thu Jan 19, 2023 11:33 am

jrs1984 wrote:
Wed Jan 18, 2023 9:16 pm
Sorry, I dont wish to muddle this discussion - but I have a question related to original post of mine.

I applied for 30 hour free childcare yesterday (having received ILR 8 days back) for my child who is still on Tier 2 Dependent visa with MN1 being filed tomorrow. I am aware that this benefit is subject to parent's status rather than child, but I am not sure if it can impact MN1 processing is anyway.
It has no effect
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Re: 30 hour childcare - one parent on ILR

Post by alterhase58 » Thu Jan 19, 2023 4:59 pm

jrs1984 wrote:
Wed Jan 18, 2023 9:16 pm
Sorry, I dont wish to muddle this discussion - but I have a question related to original post of mine.

I applied for 30 hour free childcare yesterday (having received ILR 8 days back) for my child who is still on Tier 2 Dependent visa with MN1 being filed tomorrow. I am aware that this benefit is subject to parent's status rather than child, but I am not sure if it can impact MN1 processing is anyway.
As advised no impact - note that MN1 (child registration) or AN (adult naturalisation) applications are not immigration applications - they come under the British Nationality Act which has it's own requirements. Certainly there are no financial requirements to be met, such as income/taxes/benefits/etc.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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Re: 30 hour childcare - one parent on ILR

Post by jrs1984 » Mon Jan 23, 2023 10:29 am

Thank you, everyone

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