Treaty-based Child Benefit and ILR Application

snailfarm · Post by **snailfarm** » Mon Jun 07, 2021 11:58 am

Hello,

I am intending to apply for ILR for both myself and my daughter. I am from Canada on a work visa (Tier 2 General) and am able to apply for Child Benefit despite having no recourse to public funds due to treaty on child benefits between UK and Canada.

However for ILR application - there is a stipulation that my child can only apply for ILR if I will be supporting her without use of public funds. So two questions arise:

1. Should I cancel my child benefit before applying for ILR for me and my daughter?
2. In my application when I am being asked have I applied for public funds - should I be saying "yes" to this question because I have applied to Child Benefit, or should I answer "no" because I have an exemption from normal rules governing "no recourse to public funds" in this specific case

Thanks for your feedback.

JB007 · Post by **JB007** » Mon Jun 07, 2021 12:45 pm

snailfarm wrote: ↑
Mon Jun 07, 2021 11:58 am
Hello,

I am intending to apply for ILR for both myself and my daughter. I am from Canada on a work visa (Tier 2 General) and am able to apply for Child Benefit despite having no recourse to public funds due to treaty on child benefits between UK and Canada.

However for ILR application - there is a stipulation that my child can only apply for ILR if I will be supporting her without use of public funds. So two questions arise:

1. Should I cancel my child benefit before applying for ILR for me and my daughter?
2. In my application when I am being asked have I applied for public funds - should I be saying "yes" to this question because I have applied to Child Benefit, or should I answer "no" because I have an exemption from normal rules governing "no recourse to public funds" in this specific case

Thanks for your feedback.

You might need to ask those questions on the ILR board, to get the attention of somebody who knows how to complete the form?

Child Benefit is a public fund, but you can have Child Benefit because Canada is one of the countries that has an agreement with the UK.

You cannot claim Child Benefit if you’re subject to immigration control, unless you’re:
...
from a country that has an agreement with the UK for Child Benefit

Countries that have an agreement with the UK are:

Barbados
Bosnia and Herzegovina
Canada
the Channel Islands
Israel
Kosovo
Mauritius
Montenegro
New Zealand
North Macedonia
Serbia
Switzerland
https://www.gov.uk/child-benefit-move-to-uk

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Treaty-based Child Benefit and ILR Application

Treaty-based Child Benefit and ILR Application

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