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ILR application for GTV holder receiving public fund

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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rmsuk
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Joined: Thu Mar 07, 2024 9:09 am
India

ILR application for GTV holder receiving public fund

Post by rmsuk » Thu Mar 07, 2024 9:45 am

I and my wife are in UK from March 2020. Both of us are Indian citizen. Out of this 4 years, 2 years were in skilled-worker visa and 2 years in GTV.
We got our son in July 2021. We claimed for child benefit and and receiving if from August 2021.
My question is:
1. Can we apply for ILR (2 years were in skilled-worker visa and 2 years in GTV)?
2. As we are not eligible for getting and public fund, but receiving child benefit, will it affect to our ILR application?
3. If ILR application is affected, what will be my next step? Should I stop receiving it? Or, should I surrender all the amount I received? Or, continue as it is going on?

Thanks,
Ramesh

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CR001
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Re: ILR application for GTV holder receiving public fund

Post by CR001 » Thu Mar 07, 2024 10:27 am

1. Can we apply for ILR (2 years were in skilled-worker visa and 2 years in GTV)?
Who is the main visa holder? A dependent visa holder needs 5 years residence before they can apply for ilr.
2. As we are not eligible for getting and public fund, but receiving child benefit, will it affect to our ILR application?
You must stop the claim and pay the money back. If you knew you weren't allowed benefits why did you claim? Yes, it can affect ilr for the peraon claiming.
3. If ILR application is affected, what will be my next step? Should I stop receiving it? Or, should I surrender all the amount I received? Or, continue as it is going on?
Your brp cards clearly state no recourse to public funds. You must stop claiming and pay the money back.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rmsuk
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Posts: 2
Joined: Thu Mar 07, 2024 9:09 am
India

Re: ILR application for GTV holder receiving public fund

Post by rmsuk » Thu Mar 07, 2024 11:57 am

1. I am the main visa holder going to apply ILR first. I have spent I have spent 2 years in skilled worker visa and 2 years in GTV. I and my wife (dependent) will complete 5 years in March 2025. My son will complete 3.5 years GTV dependent in March 2025 until when we have visa in UK.
2. We didn't know the details about Scottish child payment and applied for it and received it.
3. I am going to to stop this benefit and send back the money. Will this secure my application for ILR?

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zimba
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Re: ILR application for GTV holder receiving public fund

Post by zimba » Thu Mar 07, 2024 12:51 pm

1. Only main visa holders under GTV can apply for ILR after 3 years. Your spouse can only apply after being under a dependant visa for 5 years. Children do NOT have a residence requirement for ILR at all and settle alongside your dependant spouse

2. Claiming child benefits for people with NRPF visa conditions is NOT allowed, even in Scotland. Scotland has a few extra benefits that even migrants with NRPF conditions may access. See: https://migrationscotland.org.uk/migran ... -purposes/

3. Any benefits collected mistakenly should be paid back or else your ILR will be refused. UKVI will decide how to act but you will be in a strong position if you rectify your errors
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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