Child benefit with NRPF

This forum has helped me quite a lot in the past, even helping me to gain British citizenship.

My mother entered the UK in 2006 under a visa to join her spouse (my father) who is a British citizen. There were a lot of complications and she was eventually issued a 10 year route visa which is indefinite leave to remain and no resource to public funds. My father and all of my siblings are British citizens.

My mother started to claimed child benefit in 2007. In January 2020 her payments were stopped as they wanted to launch an investigation against her claiming child benefit as they said it was an illegal act.

Would the following exceptions apply to her ability to claim child benefit:

“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.”

I also found the conclusion below in this link: third party solicitor weblink removed by moderator

"Given the above, if a non-EEA national is part of a family unit which contains an EEA
national (which includes a UK national), they should be able to claim child benefit under this
exemption. This includes those who have been granted leave on the basis of their family life
with a person who is a British Citizen under the Appendix FM to the Immigration Rules 6
where this is subject to a no recourse to public funds condition. Hence, the Home Office
should not consider a claim for child benefit in these circumstances as a breach of the ‘no
recourse to public funds’ condition for the reasons given in paragraph 6B of the Immigration
rules."

this leads me to wonder whether she has a claim to child benefit ? any help will be appreciated

My mother entered the UK in 2006 under a visa to join her spouse (my father) who is a British citizen. There were a lot of complications and she was eventually issued a 10 year route visa which is indefinite leave to remain and no resource to public funds. My father and all of my siblings are British citizens.

The '10 year route' is NOT indefinite leave to remain though. It is a 10 year route (4 x 2.5 year visas) before she can apply for ILR. Hopefully she has renewed her visa each time before expiry. Also anyone who gets ILR does NOT have the 'no recourse to public funds' restrictions. An ILR holder can claim any benefits.

Edit: If you are going to ask for advice, it is useful to state the facts. Your previous post/topic states a different set of circumstances to above about her holding indefinite leave to remain.

indefinite-leave-to-remain/10-year-long ... l#p1882964

My mother started to claimed child benefit in 2007. In January 2020 her payments were stopped as they wanted to launch an investigation against her claiming child benefit as they said it was an illegal act.

Why didn't your father claim the benefit??

CR001 wrote: ↑

Wed Jun 10, 2020 11:02 am

My mother entered the UK in 2006 under a visa to join her spouse (my father) who is a British citizen. There were a lot of complications and she was eventually issued a 10 year route visa which is indefinite leave to remain and no resource to public funds. My father and all of my siblings are British citizens.

The '10 year route' is NOT indefinite leave to remain though. It is a 10 year route (4 x 2.5 year visas) before she can apply for ILR. Hopefully she has renewed her visa each time before expiry. Also anyone who gets ILR does NOT have the 'no recourse to public funds' restrictions. An ILR holder can claim any benefits.

Edit: If you are going to ask for advice, it is useful to state the facts. Your previous post/topic states a different set of circumstances to above about her holding indefinite leave to remain.

indefinite-leave-to-remain/10-year-long ... l#p1882964

My mother started to claimed child benefit in 2007. In January 2020 her payments were stopped as they wanted to launch an investigation against her claiming child benefit as they said it was an illegal act.

Why didn't your father claim the benefit??

Thanks for the reply. My mother does not have indefinite leave to remain. She still had limited leave to remain and renews her visa every 2.5 years. She will have completed the 10 year route in 2012 although she's been living in the UK continuously since 2006. I'm not sure what happened to her visa initially between 2006-2012 but I think she was refused a visa for indefinite leave to remain in 2008 or 2010. She did pass the ESOL exam however I am not sure why it was refused.

My Father did not claim because he didn't really get along with my mum initially and did not care for us so she claimed and then it wasn't really changed as they didn't think it was a problem after they resolved their problems.