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Child Benefit on Family visa 5 year route

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

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johnson646
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Child Benefit on Family visa 5 year route

Post by johnson646 » Sun Aug 11, 2019 1:25 pm

Hi,

This is my first post on this forum - apologies for the length. I have seen other similar posts from previous years by searching but i am a bit confused about the answer to my question.

I am a British Citizen and my wife has just applied for her family visa extension (me being her sponsor) for another 2.5 years on the 5 year route (after which she will apply for ILR and subsequently citizenship). My wife will be giving birth to our baby (will be British) in the next few week and i have been looking into applying for Child Benefit. Both my wife and i currently work.

From the previous posts i found on this site the answer seems to be my wife cannot apply for child benefit in her name as she is subject to immigration control and hence NRPF. However, from looking at guidance from gov.uk there is an exemption which seems to contradict this.

The public funds v14.0 guidance document which was issued for HO staff Jan 2019 states:
" There are occasions when people who are subject to immigration control can claim benefits without it being classed as breaching their conditions. In these cases the fact they have claimed public funds will not affect their application for leave"
Then Child Benefit exemption 3 in this guidance document states:
"Persons who are the family member of a person who is a UK, EEA, or Swiss national. The parent of a British child will not be excluded from entitlement to child benefit on the ground that they are subject to immigration control. However, if a child benefit claimant has a right to reside in the UK as a Zambrano-type carer they are excluded from entitlement to child benefit by virtue of the Child Benefit (General) Regulations 2003."

The Child Benefit Technical Manual on Gov.uk also states:
"People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.
If the child being claimed for is an EEA national, this would also allow for this exception to apply."

Please can someone give some further clarity as to whether i am correct in saying this exemption allows my wife to apply for child benefit in her name as she is a family member of a person who is a UK national. Furthermore, as from the Child benefit technical manual the child being claimed for will be an EEA national and hence would allow this exemption to apply. I just need to ensure applying for child benefit in her name will not affect her ILR application in 2.5 years.

Thanks.

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CR001
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Re: Child Benefit on Family visa 5 year route

Post by CR001 » Sun Aug 11, 2019 1:27 pm

Why not simply claim in your name to avoid any issues in the future.
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johnson646
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Re: Child Benefit on Family visa 5 year route

Post by johnson646 » Sun Aug 11, 2019 1:36 pm

Hi,

Thanks for the quick reply. The reason i was going to apply in my wife's name is to continue the national insurance contributions while she is on maternity leave.

Thanks.

JB007
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Re: Child Benefit on Family visa 5 year route

Post by JB007 » Sun Aug 11, 2019 5:29 pm

johnson646 wrote:
Sun Aug 11, 2019 1:36 pm
Thanks for the quick reply. The reason i was going to apply in my wife's name is to continue the national insurance contributions while she is on maternity leave.
When they talk about "family member", this is a EU term for those using their rules.

If she is getting paid while on maternity leave, won't that mean she earns enough to pay her NICs?

Also remember that those who can claim CB (which your wife can't) and don't work enough hours, they get a National Insurance Credit, which is different to working and paying National Insurance Contributions. All the Credit is, is towards a state pension and the years they can have a Credit for, is limited.

johnson646
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Re: Child Benefit on Family visa 5 year route

Post by johnson646 » Sun Aug 11, 2019 5:48 pm

My wife will only be getting Statutory Maternity Pay and therefore will not be earning enough to pay her NICs. This is why i wanted to claim CB in her name so this year would count as a full contribution.

I am confused about the "family member" term. This is on the Gov.uk website and guidance. As far as i can see my wife is a family member (i.e. a spouse - used as an example in the guidance) of a UK national and therefore the exemption should apply. EU members would not be subject to immigration control, would not be on a spouse visa and are able to claim benefits without the need for specific exemptions. Therefore this exemption is not relevant to EU members.

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