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Child Benefit

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

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Roha1
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Child Benefit

Post by Roha1 » Mon May 16, 2022 6:44 pm

Hi, I'm currently working as a skilled work on Tier 2 visa and on my BRP it says I have right to remain. I'm currently claiming public funds that is "CHILD BENEFIT" would it affect getting an ILR in the future? Am I allowed to get that?

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CR001
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Re: Child Benefit

Post by CR001 » Mon May 16, 2022 6:58 pm

What is your nationality?
Char (CR001 not Casa)
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Re: Child Benefit

Post by JB007 » Tue May 17, 2022 8:57 am

CR001 wrote:
Mon May 16, 2022 6:58 pm
What is your nationality?
From this thread if seems that they are Pakistani?
general-uk-immigration-forum/visa-issue ... l#p2066106

You cannot take public funds if your visa is No Recourse to Public Funds.
Pakistan (if that is the country you are a national of) does not have a reciprical agreement with the UK for Child Benefits.
https://www.gov.uk/government/publications/public-funds

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Re: Child Benefit

Post by CR001 » Tue May 17, 2022 9:11 am

I'm currently claiming public funds that is "CHILD BENEFIT" would it affect getting an ILR in the future? Am I allowed to get that?
As JB007 states, you are in breach of your visa conditions if you are claiming child benefits if you are from Pakistan.
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Roha1
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Re: Child Benefit

Post by Roha1 » Wed May 18, 2022 2:26 pm

Thank you for your reply. My type of permit is TIER 2 (GENERAL) LEAVE TO REMAIN and Im sponsored by a UK employer?

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Re: Child Benefit

Post by CR001 » Wed May 18, 2022 2:33 pm

Roha1 wrote:
Wed May 18, 2022 2:26 pm
Thank you for your reply. My type of permit is TIER 2 (GENERAL) LEAVE TO REMAIN and Im sponsored by a UK employer?
You are not allowed to claim benefits. Your BRP would clearly state you have 'no recourse to public funds'. Child benefits is public funds.
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Re: Child Benefit

Post by Roha1 » Wed May 18, 2022 2:54 pm

I can not see on my BRP stating; 'no recourse to public funds'. but my partner has such conditions on the BRP because he is my dependant.

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Re: Child Benefit

Post by CR001 » Wed May 18, 2022 2:56 pm

If you are from Pakistan on a Tier 2 General, you are not permitted to claim benefits. It is a breach of your visa conditions.
You cannot:

apply for most benefits (public funds), or the State Pension
change jobs or employer unless you apply to update your visa
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Re: Child Benefit

Post by Roha1 » Wed May 18, 2022 2:58 pm

Thank you for clarification. I'll make an application to child benefit for cancellation

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Re: Child Benefit

Post by JB007 » Thu May 19, 2022 1:42 pm

Roha1 wrote:
Wed May 18, 2022 2:58 pm
Thank you for clarification. I'll make an application to child benefit for cancellation
And get them to give you a receipt to prove that you have paid all the public funds back.



What you can apply for if you’re subject to immigration control for benefits and services

Don’t apply for anything included in ‘public funds’ - unless you know there’s an exception in your situation. If you do, you might be breaking the conditions of your stay (what you can and can’t do in the UK). You could be taken to court. You might be told you have to leave the UK - if you don't, you could be detained and deported.

You won’t be told if a benefit or service is included in public funds when you apply, so it’s important to check for yourself.

https://www.citizensadvice.org.uk/immig ... n-control/

Roha1
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Re: Child Benefit

Post by Roha1 » Wed Jul 13, 2022 12:46 pm

Hi,
I contacted them and they did hard check and checked with home office and told me that I'm eligible to receive child benefits though I have no access to public funds and told that in my case there are few exceptions so they made me eligible and sent an entitlement letter. I found the following link that states something about immigration control:

https://www.gov.uk/child-benefit-move-to-uk


What do you say?

Roha1
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Re: Child Benefit

Post by Roha1 » Wed Jul 13, 2022 1:15 pm

I also found this about immigration control:

"4.5 EXM4(f) Employees of international organisations based, or with offices, in the UK who have been recruited overseas, as well as representatives and officials of the International Organisations listed when travelling to the UK in their official capacity on the official business of that organisation."

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Re: Child Benefit

Post by CR001 » Wed Jul 13, 2022 1:56 pm

Roha1 wrote:
Wed Jul 13, 2022 1:15 pm
I also found this about immigration control:

"4.5 EXM4(f) Employees of international organisations based, or with offices, in the UK who have been recruited overseas, as well as representatives and officials of the International Organisations listed when travelling to the UK in their official capacity on the official business of that organisation."
This doesn't apply to you if you required a Tier 2 General visa to work in the UK. There are only very specific organisations that this applies to.
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Re: Child Benefit

Post by Roha1 » Wed Jul 13, 2022 3:31 pm

Where I can find the list of those organisations?

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Re: Child Benefit

Post by JB007 » Wed Jul 13, 2022 3:40 pm

Immigration staff guidance for how to make decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publications/public-funds

Roha1
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Re: Child Benefit

Post by Roha1 » Sat Jul 16, 2022 3:33 pm

Would you be able to specify that page number I'm unable to find that?

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Re: Child Benefit

Post by vinny » Sat Jul 16, 2022 4:19 pm

17, 37
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Child Benefit

Post by vinny » Sat Jul 16, 2022 4:22 pm

Roha1 wrote:
Wed Jul 13, 2022 12:46 pm
Hi,
I contacted them and they did hard check and checked with home office and told me that I'm eligible to receive child benefits though I have no access to public funds and told that in my case there are few exceptions so they made me eligible and sent an entitlement letter. I found the following link that states something about immigration control:

https://www.gov.uk/child-benefit-move-to-uk


What do you say?
What is your exception?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JB007
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Re: Child Benefit

Post by JB007 » Sun Jul 17, 2022 10:41 am

These are the UK benefit calculators the UK government say to use.
https://www.gov.uk/benefits-calculators

From there when you put in LLR for anybody, (the claimant or anyone in the family) it comes up with this on turn2us site and tells you find an advisor and then gives a link to find an an advisor-



Sorry, we can't calculate your benefits

Help for people with limited leave to enter or remain

If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

There are special rules which apply when working out how much benefits a household can get if anyone in the household has limited leave to remain. Our calculator cannot apply those rules, so you cannot use the calculator to get an accurate or useful calculation of your benefit entitlement.

You should seek specialist advice before trying to claim benefits if you, your partner or your child have Limited Leave to Enter or Remain.

Use our find an adviser tool, or our guide to benefits for migrants to find out more about how your immigration status will affect your benefit entitlement.

https://benefits-calculator.turn2us.org.uk/

Find an Advisor
https://advicefinder.turn2us.org.uk/




There might be some well meaning people writing things/telling you about what UK welfare benefits can be claimed, but CitizenS Advice makes it clear-
You won’t be told if a benefit or service is included in public funds when you apply, so it’s important to check for yourself.

The UK govenment is clear who to use, as you can see from the link above.

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