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Spouse & 1 Child on Visa, 2nd Child British National, father ILR, benefits issues

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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miiiirza1
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Posts: 32
Joined: Tue Jun 03, 2014 5:19 pm

Spouse & 1 Child on Visa, 2nd Child British National, father ILR, benefits issues

Post by miiiirza1 » Thu Jan 02, 2020 1:59 am

Hi all,
I would like to get help from all of you as follows
Situation#1
I (father holding ILR) have claimed child benefits in my name for 1 child who is British National, which is fine as far as I know. But my wife is on spouse visa and 2nd child also on dependent visa, both with no entitlement to any benefits.
When I tried to apply child tax credit for the child who is British national, it seems that it has to be as a joint claim. As we know now we get tax credits through Universal Credit system. Question is will that cause any problem for my spouse later on?

Situation #2
As above, but can I (ILR holder) apply child benefits and child tax credits for the 2nd child also who is on dependant visa stamped with no recourse to public funds?
I went through a post on this forum which says people (saying that if one partner holds ILR or is a British) can claim for a child even they are on visa with no recourse to public funds.
Link to the post I refer to, is as below;
claiming-benefits/spouse-visa-and-child ... 33173.html
as per the above post it looks like I can apply for both the children and it should not affect further extensions for my spouse and the child who are not entitled to benefits, but it was posted in 2017, I would like to know if it is still valid and if some can give a reference from the law.
Another confusing is, when I applied spouse visa and child visa, I signed sponsorship undertaking form SU07/12, which contains paragraphs as follows:
“I hereby undertake that, if the sponsored person named above is granted leave to enter the UK on a permanent basis, I shall be responsible for his/her maintenance, accommodation and care in the UK for a period of five years from the date of their entry to the UK. I am further aware that the sponsored individual will have no recourse to public funds for five years from the date of their entry to the UK. Or; If the sponsored person named above is granted limited leave to enter the UK, I shall be responsible for his/her maintenance, accommodation and care in the UK without recourse to public funds for the duration of that limited leave to enter. I understand that this undertaking shall be made available to the Department for Work and Pensions in the UK, who will take appropriate steps to recover from me the cost of any public funds paid to or in respect of the sponsored person named above. I also understand that the Home Office may take appropriate action to recover from me amounts attributable to any support provided under Section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers) to the sponsored person named above. I further understand that I may be committing a criminal offence and liable to prosecution if, after I have given this undertaking, I do not support the sponsored person named above and income support or income-based Jobseeker's Allowance (under social security legislation) and/or support for asylum seekers (under immigration legislation) is provided to or in respect of the sponsored person named above.”

Now from the above can I apply child benefits and child tax credits for the child who is under immigration control? Where I signed I will not take any public funds during 5 years?

I am requesting respected member CR001 and other fellow members to help me out as this is a serious matter for me.
As I am having ILR so do not want DWP/HMRC recovering money from me which leads to my own Nationality refusal based on good character. plus my spouse and younger child's visas get refused based on benefits claimed.


Kind Regards

Amber
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Joined: Tue Jan 15, 2013 11:20 am
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Re: Spouse & 1 Child on Visa, 2nd Child British National, father ILR, benefits issues

Post by Amber » Thu Jan 02, 2020 2:38 am

Yes you can claim for any dependant qualifying child or young person, regardless of their status. A maintenance undertaking is more of a grey area, the wording of the undertaking suggests claims for public funds, including, child benefit should not be made for a person who is subject to a maintenance undertaking as (a) child benefit is a public fund and (b) it is paid in respect of a person who is subject to the undertaking. It could be arguable that in the best interests of a child, a statutory consideration of the Home Office, they should not be subject to an undertaking, but it’s a slim change they’d agree. If a public fund is paid in respect of a child who has a maintenance undertaking, it may be recovered. Please look at the sponsorship maintenance undertaking form closely and see who it applies to either (a) your spouse or (b) both child and spouse.

For UC, it would need to be a joint claim which would revert to a single claim once the HRT was done for your wife. Insofar as you’re (if renting), over 35 it shouldn’t be an issue. Contact citizens advice help to claim UC for assistance - https://www.citizensadvice.org.uk/about ... -to-claim/
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

miiiirza1
Newbie
Posts: 32
Joined: Tue Jun 03, 2014 5:19 pm

Re: Spouse & 1 Child on Visa, 2nd Child British National, father ILR, benefits issues

Post by miiiirza1 » Sun Jan 05, 2020 12:24 am

Any body else would like to give opinion?

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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Re: Spouse & 1 Child on Visa, 2nd Child British National, father ILR, benefits issues

Post by Casa » Sun Jan 05, 2020 12:32 am

miiiirza1 wrote:
Sun Jan 05, 2020 12:24 am
Any body else would like to give opinion?
My fellow moderator Amber has given you good advice.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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