Applying 30 hours child care while ILR decision is in progress

Hello

I`m on Tier 2 so does my wife. We are both full time employed and I`m the main applicant.
We`ll apply for ILR on 25th Jan 2020 using standart service . As far as I see most applicants get a decision 8weeks. But even with 8weeks we`ll not be able to catch the deadline for applying 30 hours of free childcare which is 28th Feb.

Obviously I don`t want to risk our ILR application but what do you think if I apply to 30 hours whilst HO is working on my application ?

Would it still be violation of 'no access to public funds' rule even if I did not receive the benefit yet ? (You first need to apply and a get a code and then give it to the childcare provider before the new term starts. I`m hoping to receive the ILR before the term starts)



Thanks

Free childcare is not a public fund so wouldn’t affect your application.

Hi Amber

As far as I know 15hours free is not a public func but 30 hours free is a public fund

Quoted from https://www.gov.uk/30-hours-free-childcare

"Your nationality
You will not be eligible if you’re from outside the EEA and your UK residence card says you cannot access public funds."

Your partner can apply instead if they’re from:

the UK or EEA
outside the EEA and their UK residence card says they can access public funds


What do you think ?
Thanks

Amber wrote: ↑

Thu Jan 23, 2020 2:49 pm

Free childcare is not a public fund so wouldn’t affect your application.

Legislation defines what is a public fund, section 115 Immigration and Asylum Act 1999 (click) and Paragraph 6 of the Immigration Rules (click) not the gov.uk website.

I will have to dig through the numerous Children Acts related Regulations to see if they’ve included some provision under them to prevent those subject to immigration control claiming.

Found it, now although the childcare allowance is not a public fund, so you would not be breaching your conditions if you claimed it. Reg. 12 of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (click) stops a person who is subject to immigration control from claiming (Reg. 12(2)(b)). So you have to wait until you have ILR before you can claim I’m afraid.

Amber wrote: ↑

Thu Jan 23, 2020 3:24 pm

Found it, now although the childcare allowance is not a public fund, so you would not be breaching your conditions if you claimed it. Reg. 12 of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (click) stops a person who is subject to immigration control from claiming (Reg. 12(2)(b)). So you have to wait until you have ILR before you can claim I’m afraid.

Thanks for your time and effort Amber . I`ll wait until I got the ILR