Whatever. I urge anyone else in the situation described in the original post, however, to read the analysis from the HoCL specialists above ("Posted: Tue May 15, 2012 6:45 pm") carefully, and continue monitoring this thread, where I will post the reply from UKBA when I get it (via my MP).

Mark

The detailed guidance document, v6, page 18 of 57, includes :- If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in t...

I've got a reply from my MP! :mrgreen: But it's only partial, so the saga continues. :? The reply included the following email: Dear [my MP], Home Office guidance used to say that, in the case of couples with mixed immigration status, the partner not subject to any restrictions could claim Child Ben...

Which "financial test" are you referring to? The need to show that the visa holder, if the application is granted, will not need to claim certain Public Funds, as defined. Where is this instruction officially documented Download Annex F . In particular read "8. SETTLEMENT" .... and stop worrying! H...

As I asked before, how do you explain away page 46 Easily. You are in danger of confusing two issues, that is, whether a claim for Public Funds is OK, and whether the financial test is passed? After all there is a danger, particularly where the sponsor's income is solely benefits, that whilst such ...

However, the argument you advance is not conclusive, because the question is not whether (in my original post) B has recourse to public funds, but whether F or K would be considered to have recourse to public funds (or have caused B to have had disallowed recourse to public funds). You are looking ...

mrison, before starting this topic, about an issue that has been dealt with on this board many times previously, did you read the pinned topics in this Claiming Benefits section? In particular did you read ..... Benefits : affecting ILR? Read this b4 starting new topic. ? Your circumstances are far...

Child benefit can be claimed & it is the parent and not the child who claims child benefit and therefore it is the parent's eligibility that matters. As long as the parent/person with responsibility for the child is eligible to claim benefits then child benefit can be claimed even though the child ...

will-d wrote:yes and yet it seems you would sooner point this out then post a use full comment help when the post was up.

This is not really the kind of attitude which will get you sympathetic treatment, you know... Perhaps you need to work on your people skills.

Mark

mrison wrote:My plan is now to write to my MP asking him to get a proper answer from the HO.

Done. We shall see...

Mark

If a sponsor needs to claim more public funds to support the applicant, you must refuse the application. For example, if the sponsor claims income-based jobseeker’s allowance and this would increase if their dependant was granted leave as their spouse. You must refuse the application under the rele...

Does the deafening silence mean no-one has any actual legal evidence (as opposed to anecdotal evidence or hearsay) that it is safe for a sponsor to claim child benefit for a child subject to "no recourse to public funds"? it is the parent and not the child who claims child benefit and therefore it ...

Does the deafening silence mean no-one has any actual legal evidence (as opposed to anecdotal evidence or hearsay) that it is safe for a sponsor to claim child benefit for a child subject to "no recourse to public funds"? Mark :? P.S.: For what it's worth I've written to the Home Office. No reply y...

Has home office still not replied mark? I look at this post everyday hoping someone mist have replied to marks question. I am in the same position as 'B'.. Sorry, since no-one replied to my original post I assumed no-one cared! I chased this up with <public.enquiries@homeoffice.gsi.gov.uk>, who for...

Does the deafening silence mean no-one has any actual legal evidence (as opposed to anecdotal evidence or hearsay) that it is safe for a sponsor to claim child benefit for a child subject to "no recourse to public funds"? Mark :? P.S.: For what it's worth I've written to the Home Office. No reply ye...

I understand from reading many threads here that the following is OK: - British citizen B is initially not claiming any benefits - B marries non-EU (let's say Fijian) foreigner F with kid K - F and K get settlement visas with "no recourse to public funds" - F and K come to the UK to live with B - B ...