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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