From my experience we can only claim childcare once we have settled status.
check -> https://www.gov.uk/tax-free-childcare
and look for following paragraph:
Your immigration status
To be eligible for Tax-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