Olaola2088 wrote: ↑Sun Nov 07, 2021 2:00 pm
Hello,
I wonder if you could please assist me with my enquiry. I currently hold Indefinite Leave to Remain and my wife is on a 5 year spouse visa route. We recently had a daughter who is now a British Citizen and she received her British Passport few weeks ago.
I would like to know what type of benefit is our little Daughter entitle to and how do we go about claiming those benefit considering the fact that her mother (my wife) is still on spouse visa route. Can i (her father with ILR) apply for the benefit alone as her mom has no recourse to public fund written on her visa.
I would very much appreciate if you could please clarify this for me and how to go about it without compromising her mother's visa.
Thank you very much.
That depends on what you and what your wife earns. Without knowing what you and your wife earn and capital you have, it is hard to say
Child Benefit if you, or your wife earn less than about 60K each.
Must be claimed in your name only as it is a public fund, but they will want the details of your NRPF wife, to link to your wife's earnings. Have a read to see the earnings cap details
https://www.gov.uk/child-benefit
Universal Credit is a means tested welfare benefit for those on low income and is also a public fund. If your joint earnings are very low, and yours/your wife's capital (in any country) is below 16k, you could claim that. You will have to claim as a couple but you can't take extra benefit money for your NRPF wife.
You can't claim as a single as that is benefit fraud and your wife is linked to your claim as her earnings and capital are used for your monthly UC benefit payment. From what others have said on here, your wife would receive a letter to say that she can't have public funds and you will be given money as a single person. 2 child limit for this benefit.
https://www.gov.uk/government/publicati ... or-couples
However, if you need some help with rent, it might be better to speak to an immigration advisor before you claim Universal Credit.
Universal Credit
If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants. As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.
https://www.turn2us.org.uk/Benefit-guid ... de-content
If your child is disabled there is DLA
https://www.gov.uk/disability-living-allowance-children
But your NRPF wife would not be able to take Carer's Allowance as that is a public fund.
You won't be told something is a public fund and it will be up to your wife to ensure she does not take these and you too, to ensure you don't claim extra public funds for her through a claim you make.
Public funds are some benefits, homelessness assistance, social housing, social care etc.
