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Archive » United Kingdom » Work permit holder and child benefit

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Advisor Junior Member Member # 4299	Posted January 19, 2003 08:12 PM Folks , I am about to apply for ILR , but not sure of one question in seto form and that is child benefit. My child born in UK and i was sanctioned child benefit by DSS which IND seems to considering as recorse to public funds. was i entitle to this or it is DSS mistake.? Is this a issue for ILR.? Pl. advise. All documents i searched seems to be advisibg that if the child is born in UK and you are here in UK from last 6 months then its ok. Is it right.?
Thorsten von Thyssen Member Member # 4397	Posted January 20, 2003 01:11 AM Please answer the following questions so that we shall be able to answer your query. 1. Do you have a "No Recourse to Public Funds" in you passport? 2. Does your spouse have a "No Recourse to Public Funds" in her /his passport? 3. What is your nationality? 4. What is your spouse's nationality? -------------------- ----------------------------------- ...cut the bullshit please...
Advisor Junior Member Member # 4299	Posted January 20, 2003 11:04 AM Yeah , we both have No recouse to public funds and nationality is Indian. Tan..n i understand that , point here is that child is born in UK. PL. comment only if you know this case , otherwise i understand that if you came to UK with Childerens , you can not apply for child benefit unless EEA citizen or uk spouse.
Thorsten von Thyssen Member Member # 4397	Posted January 20, 2003 11:12 AM It does not matter at all that the child was born in the UK. You have been in breach of your conditions of stay. Once the HO hear about that (sooner or later they will), they will probably curtail your LTR and remove you. -------------------- ----------------------------------- ...cut the bullshit please...
Thorsten von Thyssen Member Member # 4397	Posted January 20, 2003 11:25 AM BTW, all relevant DSS documents (including the child benefit form) explicitly state that the benefit is not available to people with "No recourse to public funds" stamp. The new Immigration Act gives the HO access to Inland Revenue, DSS, local council and NHS records. You should hope that they will not search these records in your case. When you fill in the SET(O) form, you should state that you have received child benefit for your child. Failing to do so is a severe criminal offence (much severe than your wrongful claim of child benefit). You should also seek independent legal advice. -------------------- ----------------------------------- ...cut the bullshit please...
Advisor Junior Member Member # 4299	Posted January 20, 2003 11:28 AM It is not that simple , i am in a very highly paid reputed job , only thing i do not understand is why DSS has sanctioned it when i have clearly told them my nationality and send the document they needeed.? For some odd 15 pounds a week what public funds it could be. The claim is maid as told by medical staff along with other formalities e.g birth certificates etc. Need to get more specific advice. I did manage to find a site where student also have No recourse to public funds stamp , but they are eligible if the child is born in UK.
Thorsten von Thyssen Member Member # 4397	Posted January 20, 2003 11:41 AM Only if these students started to get child benefit back in 1996. There is another exception for a short emeregency payment of benefit when there is a serious disruption in funding resulting from the situation at the student's homeland. I agree with you that the fact that you are barred from child benefit is stupid and discriminatory but this is the law. You should obey the law even if you think that it's stupid. My advice to you is that you should seek legal advice. My view is that in order to succeed in your ILR application you will have to refund the child benefit (+ interest) you have received back to the DSS. -------------------- ----------------------------------- ...cut the bullshit please...
Advisor Junior Member Member # 4299	Posted January 20, 2003 11:49 AM Really unhappy with DSS staff if they could sanction child benefit to person who is not eligible fot it. How about i go to HO for ILR and with child benfit set to yes i have recieved it and clarify whose mistake it is. I do not know the law as i dont process work permits. Dont mind returning child benefit with interest.
marka Member Member # 1907	Posted January 20, 2003 11:52 AM T-N-A-V-O-N, What could the HO learn from NHS records? The NHS is not defined as a public benefit as far as I rememember. Mark
Thorsten von Thyssen Member Member # 4397	Posted January 20, 2003 11:58 AM NHS is not on the list of public funds. However the HO are permitted to access NHS records in case they need some details about an immigrant. -------------------- ----------------------------------- ...cut the bullshit please...
workerman Member Member # 2816	Posted January 23, 2003 11:34 PM I applied for child benefit and the DSS said that non-residents cannot get it. I am surprized that you were not told so. This is pretty much their standard procedure.
Advisor Junior Member Member # 4299	Posted January 24, 2003 05:54 PM Thats what surprses me too. DSS processes are robust but they seem to be granting child benefit if the baby is born in UK and you have been in the UK for last 6 months. I did manage to find something on that which is if baby of international student born in UK and he has been in UK for last 6 months then mother or father can claim child benefit even if they have no recourse to public funds stamped on passport. Also , i did manage to fidn on IND pages that if you are getting child benefit only then it should not be treated as recourse to public funds.
david Member Member # 9	Posted January 26, 2003 07:27 PM quote: Originally posted by Advisor: It is not that simple , i am in a very highly paid reputed job , only thing i do not understand is why DSS has sanctioned it when i have clearly told them my nationality and send the document they needeed.? For some odd 15 pounds a week what public funds it could be. The claim is maid as told by medical staff along with other formalities e.g birth certificates etc. Need to get more specific advice. I did manage to find a site where student also have No recourse to public funds stamp , but they are eligible if the child is born in UK. If you are in such a highly paid job why did you require child benefit?
Bambumbile Mwaitojofu Member Member # 1523	Posted January 27, 2003 11:51 AM I think it doesn't matter whether your kid was born here or not. My daughter was born here three years ago and we are not recieving child benefit until may be in March when we expect to change our immigration status to ILR. Also I know many students with children who were born here but they are not recieving any child benefit. I think the best option is to follow T-N-A-V-O-N advice and may be return the money. Bambumbile.
Bobblewait Member Member # 6527	Posted January 27, 2003 02:17 PM Advisor seek professional advice from the Immigrants Advisory Centre or the Joint Council for the Welfare of Immigrants. You can get their no from the internet. They are better versed in law and practice than most people on this board AND it's free. Get 2 or more corroborating pieces of advice before proceeding as mistakes can be costly.