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Spouse Visa and child benefit???

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

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member777
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Spouse Visa and child benefit???

Post by member777 » Thu Jun 15, 2017 3:57 am

Hi members,
I need to ask a very important question, and need your advise please. My wife and one child (two years old) is living on spouse/family visa with me in UK for last 1 year. I'm British national. As far as I know that we can not claim for the Child Benefit, because my wife has not got the ILR or British Citizenship yet and I'm her sponsor.

But this month we got another baby. Which is British national by birth. Because she born in UK and she is daughter of British father.

Could you people tell me that can I apply/get the Child benefit for this New/British child or not? My question is bit technical, so it will be big help, if I can get the answer of my question.

Thanks in advance.

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Re: Spouse Visa and child benefit???

Post by CR001 » Thu Jun 15, 2017 6:03 am

Not sure why you think your question is technical or unique, it is not.

You can claim child benefit in your name for BOTH children. You are claiming NOT the children.

If you claim child tax credits, they must be claimed in JOINT names with your partner.
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member777
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Re: Spouse Visa and child benefit???

Post by member777 » Thu Jun 15, 2017 3:44 pm

first of all thanks very much CR001 . I have not claimed anything ever or yet. It means that I have lost about £1040 in last 24 month by not claiming the Child Benefit. But your advise made me glad that I can claim even for BOTH child's (1st one with Non-EEA or Non-British nationality and 2nd one with British nationality.)

but could you please put light on the following link, that what does it mean by?
https://www.gov.uk/government/publicati ... blic-funds

Would my child benefit claims not put the bad/negative effect, on family visa extension applications (5 years route) of my Wife and 1st child?
which I have to do after 2.5 years.

Thanks again in advance. Your advise can do big help.

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Re: Spouse Visa and child benefit???

Post by CR001 » Thu Jun 15, 2017 5:01 pm

If you claim child benefit in your name only and child tax credits in joint names with your spouse, there is no effect on your spouses visa process.

You are British, you can claim what you qualify for.
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Re: Spouse Visa and child benefit???

Post by member777 » Thu Jun 15, 2017 9:03 pm

thanks very much for your help :) :)

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Re: Spouse Visa and child benefit???

Post by dinushka » Wed Jun 21, 2017 10:03 am

my child also got Resident Permit (Dependant Leave to Enter), and according the http://www.gov.uk, I can read the following text
If you have a residence permit that allows you to live in the UK, it may include the condition that you have no recourse to public funds. If so, it means you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state.
NO RECOURSE TO PUBLIC FUNDS

does CR001 still think that a British national parent (either Mother or Father) can claim the Child Benefit of that Child, who got Residence Permit that allows him to live in the UK but NO RECOURSE TO PUBLIC FUNDS ?
if Yes, then why the http://www.gov.uk says something different? Would this claim not make an issue for the child's visa residence permit extension???

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Re: Spouse Visa and child benefit???

Post by member777 » Wed Jun 21, 2017 11:11 am

now I'm confused again :( .

Dear CR001, could you please say something now?

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Re: Spouse Visa and child benefit???

Post by CR001 » Wed Jun 21, 2017 11:24 am

member777 wrote:now I'm confused again :( .

Dear CR001, could you please say something now?
You as the parent claim, NOT the child!!
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Re: Spouse Visa and child benefit???

Post by member777 » Wed Jun 21, 2017 11:46 am

dear CR001, can I ask the last question to you please that How the following text any good for UK Government , if the British parent can claim the Benefit, and can get the same amount of money from public funds, on behalf of those people who have NO RECOURSE TO PUBLIC FUNDS.
If you have a residence permit that allows you to live in the UK, it may include the condition that you have no recourse to public funds. If so, it means you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state.
what difference this text makes then??? :?:

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Re: Spouse Visa and child benefit???

Post by CR001 » Wed Jun 21, 2017 12:08 pm

The child is not claiming so I don't understand why you are this as an issue. YOU the parent who is entitled to claim is the prrs9n making the claim.

Thus has been covered hundreds if times and most of us have done this and had no issues. Your situation is not unique.
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Re: Spouse Visa and child benefit???

Post by dinushka » Thu Jun 22, 2017 12:16 pm

i would say thanks to CR001, who is trying to help me/us out. I did not claim the benefit because I'm afraid of HomeOffice, that HO can raise some objection about the claim for my child. But CR001 tried to help on this issue.

so dear CR001, could you please share/give some Ref or Topic, in which somebody got the same issue which we got and he/she has not got any issue after.

it would be big help. Thanks

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Re: Spouse Visa and child benefit???

Post by CR001 » Thu Jun 22, 2017 12:23 pm

dinushka wrote:i would say thanks to CR001, who is trying to help me/us out. I did not claim the benefit because I'm afraid of HomeOffice, that HO can raise some objection about the claim for my child. But CR001 tried to help on this issue.

so dear CR001, could you please share/give some Ref or Topic, in which somebody got the same issue which we got and he/she has not got any issue after.

it would be big help. Thanks
Me as an example. I was on a spouse visa and my BC husband claimed child benefit for my (not his) non EU daughter who was also on a visa. Had no effeft or question on my ILR or BC applications.
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Re: Spouse Visa and child benefit???

Post by dinushka » Thu Jun 22, 2017 1:02 pm

thanks CR001 :)

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Re: Spouse Visa and child benefit???

Post by Macro_Run » Thu Jul 26, 2018 8:37 am

Hello,

After reading this forum comments, I am bit confused.
I have a two child one is British citizen and another is on settlement visa.
Both children eligible to apply child benefit and child tax credit? because in my daughter BRP there is "No public fund".

Anybody applied this way? because I guess it will be a problem during my daughter visa extension.
Can you clarify or redirect me in the right way?

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Re: Spouse Visa and child benefit???

Post by CR001 » Thu Jul 26, 2018 8:52 am

Macro_Run wrote:
Thu Jul 26, 2018 8:37 am
Hello,

After reading this forum comments, I am bit confused.
I have a two child one is British citizen and another is on settlement visa.
Both children eligible to apply child benefit and child tax credit? because in my daughter BRP there is "No public fund".

Anybody applied this way? because I guess it will be a problem during my daughter visa extension.
Can you clarify or redirect me in the right way?
You should start your own topic rather than tag onto one that is over a year old.

1. It is NOT children who claim. It is the PARENT that claims benefits!!!
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Re: Spouse Visa and child benefit???

Post by kmaxie18 » Wed Aug 22, 2018 3:30 pm

I am in the same situation.

The wife (PBS Dependent) has "No Recourse to Public Funds" (NRPF) on her visa.

At the time our first child was born I was on ILR (so our child was a British citizen from birth), and I was granted British Citizenship myself within 2 months of the birth.

However, as my wife was the principal carer, when we filled in the form we put in both our details & respective immigration status and the CHB was being paid to an account in her name only.
Given the grey area on this topic, I recently changed the claimant to myself and the funds go to a Joint Account - just to prevent any potential issues at the time of her visa renewal / ILR.


I recently came across guidance from the Home Office published April 2016 which seems to indicate that while it is generally true that a person with NRPF tagged to their visa is NOT allowed Public funds, there are exceptions.

Specifically related to "Child Benefit", the list of exceptions is as below:

The general rule is that no person subject to immigration control is entitled to child benefit
(Section 115 of the Immigration and Asylum Act 1999, sub-sections (1) and (3)). However, a
person falling under one of the following exceptions cannot be denied child benefit on the
ground they are subject to immigration control.


Exception 1
A person who has been given leave to enter, or remain in, the United Kingdom by a
maintenance undertaking by another person or persons
(pursuant to the immigration rules
within the meaning of the Immigration Act 1971).

Exception 2
Nationals of a state with which the European Community has concluded an agreement for
equal treatment for workers in the field of social security who are lawfully working in the UK.
Note: countries which are covered by such agreements are Algeria, Morocco, San Marino,
Tunisia, and Turkey

Exception 3
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.

Exception 4
A national of, or a person who has come to live in the UK from, a country that has a reciprocal social security agreement with the UK which covers child benefit. Countries that
have such an agreement are Barbados, Canada, Israel, Jersey and Guernsey, Mauritius,
New Zealand and the former Yugoslavia (i.e. applies to Croatia, Bosnia-Herzegovina,
Serbia, and Montenegro, and the former Yugoslav Republic of Macedonia).

Exception 5
Persons who were entitled to child benefit before October 1996 are not excluded from
entitlement to child benefit because they are subject to immigration control.


Source: https://assets.publishing.service.gov.u ... _v13.0.pdf


So, if I interpret this correctly:

- If the child is British, either parent is fine to apply (even the one who has NRPF on their visa)

- If one of the persons in the marriage is not subject to Immigration control (e.g British / ILR) and they are the sponsor of their spouse (Marriage visa, PBS dependent etc) then that should also be fine for the NRPF spouse to claim CHB, by virtue of their marriage to a person who is entitled to claim CHB.


IF there are other expert opinions that interpret differently, please let us know :)

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Re: Spouse Visa and child benefit???

Post by CR001 » Wed Aug 22, 2018 3:41 pm

kmaxie18 wrote:
Wed Aug 22, 2018 3:30 pm
I am in the same situation.

The wife (PBS Dependent) has "No Recourse to Public Funds" (NRPF) on her visa.

At the time our first child was born I was on ILR (so our child was a British citizen from birth), and I was granted British Citizenship myself within 2 months of the birth.

However, as my wife was the principal carer, when we filled in the form we put in both our details & respective immigration status and the CHB was being paid to an account in her name only.
Given the grey area on this topic, I recently changed the claimant to myself and the funds go to a Joint Account - just to prevent any potential issues at the time of her visa renewal / ILR.


I recently came across guidance from the Home Office published April 2016 which seems to indicate that while it is generally true that a person with NRPF tagged to their visa is NOT allowed Public funds, there are exceptions.

Specifically related to "Child Benefit", the list of exceptions is as below:

The general rule is that no person subject to immigration control is entitled to child benefit
(Section 115 of the Immigration and Asylum Act 1999, sub-sections (1) and (3)). However, a
person falling under one of the following exceptions cannot be denied child benefit on the
ground they are subject to immigration control.


Exception 1
A person who has been given leave to enter, or remain in, the United Kingdom by a
maintenance undertaking by another person or persons
(pursuant to the immigration rules
within the meaning of the Immigration Act 1971).

Exception 2
Nationals of a state with which the European Community has concluded an agreement for
equal treatment for workers in the field of social security who are lawfully working in the UK.
Note: countries which are covered by such agreements are Algeria, Morocco, San Marino,
Tunisia, and Turkey

Exception 3
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.

Exception 4
A national of, or a person who has come to live in the UK from, a country that has a reciprocal social security agreement with the UK which covers child benefit. Countries that
have such an agreement are Barbados, Canada, Israel, Jersey and Guernsey, Mauritius,
New Zealand and the former Yugoslavia (i.e. applies to Croatia, Bosnia-Herzegovina,
Serbia, and Montenegro, and the former Yugoslav Republic of Macedonia).

Exception 5
Persons who were entitled to child benefit before October 1996 are not excluded from
entitlement to child benefit because they are subject to immigration control.


Source: https://assets.publishing.service.gov.u ... _v13.0.pdf


So, if I interpret this correctly:

- If the child is British, either parent is fine to apply (even the one who has NRPF on their visa)

- If one of the persons in the marriage is not subject to Immigration control (e.g British / ILR) and they are the sponsor of their spouse (Marriage visa, PBS dependent etc) then that should also be fine for the NRPF spouse to claim CHB, by virtue of their marriage to a person who is entitled to claim CHB.


IF there are other expert opinions that interpret differently, please let us know :)
Your interpretation is incorrect. Your wife is NOT permitted to claim. A parent of a British child COULD claim if they held the CORRECT visa based on a British child (FLR(FP) Parent visa) and has recourse to public funds per Exception 3. Your spouse DOES NOT hold that category of visa and therefore is not permitted to claim as she has no recourse to public funds.

Exception 1 doesn't apply either. Read page 28 of the document you posted to see what Maintenance Undertaking means. It is not the maintenance funds requirement for PBS route visas.

Until your spouse has ILR, only YOU are able to claim benefits.
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Re: Spouse Visa and child benefit???

Post by kmaxie18 » Wed Aug 22, 2018 3:52 pm

Thanks for your response CR001.

I have recently changed CHB from my wife to myself..
On her PBS Extn form (due in March-2019), we will of course have to tick the box for having claimed CHB in the past.

I plan to include a covering letter to explain that it has now been changed to myself and also the fact that due to Income levels, the "High Income Child Benefit Tax Charge" has also been repaid to HMRC (will include evidence of this too)..

Hopefully that should be satisfactory enough..

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Re: Spouse Visa and child benefit???

Post by BAsolutions » Wed Aug 22, 2018 4:48 pm

Hi guys, I'm a welfare benefits advisor and I also know immigration and how someone's immigration status affects a claim for benefits.
If the child isn't under immigration control and has a parent who also isn't under immigration control then that parent can claim CB:

A settled person in the UK cannot claim anything for a child if the child has NRPF.
I hope that help !

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Re: Spouse Visa and child benefit???

Post by CR001 » Wed Aug 22, 2018 5:08 pm

BAsolutions wrote:
Wed Aug 22, 2018 4:48 pm
Hi guys, I'm a welfare benefits advisor and I also know immigration and how someone's immigration status affects a claim for benefits.
If the child isn't under immigration control and has a parent who also isn't under immigration control then that parent can claim CB:

A settled person in the UK cannot claim anything for a child if the child has NRPF.
I hope that help !
Your last point is wholly incorrect. A settled person can claim benefits for a child who is on limited leave to remain NRPF as it is the settled parent that claims and NOT the child. Many have done this, myself included, and had no issues or queries.
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