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Benefits where one person has ILR

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

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harshitguptaiitr
Member
Posts: 118
Joined: Wed Sep 16, 2015 12:25 pm
India

Benefits where one person has ILR

Post by harshitguptaiitr » Fri Mar 16, 2018 8:05 pm

For the family with immigration status as per: indefinite-leave-to-remain/ilr-rules-fo ... 19384.html

Summary:
- Husband has ILR
- Wife and child (born outside UK) are on Tier-2 ICT Long Term Staff Dependent Visa.

Will claiming any of these will breach immigration rules (no recourse to public funds) for wife and the child

Claimed by Wife on Tier-2 Dependent
1 - Tax relief on pension as per https://www.gov.uk/tax-on-your-private- ... tax-relief
2 - Help to Buy ISA bonus when purchasing first home. as per https://www.helptobuy.gov.uk/help-to-buy-isa/

Claimed by Husband (with ILR) for Child on Tier-2 Dependent
1 - Child Benefit as per https://www.gov.uk/child-benefit
Please DO NOT send me a Private Message for immigration advice.

My responses are not a substitute for professional legal advice. My response does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

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CMOSUK
Senior Member
Posts: 638
Joined: Mon Aug 14, 2017 3:33 pm
Location: Glasgow, UK
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Re: Benefits where one person has ILR

Post by CMOSUK » Fri Mar 16, 2018 10:42 pm

harshitguptaiitr wrote:
Fri Mar 16, 2018 8:05 pm
For the family with immigration status as per: indefinite-leave-to-remain/ilr-rules-fo ... 19384.html

Summary:
- Husband has ILR
- Wife and child (born outside UK) are on Tier-2 ICT Long Term Staff Dependent Visa.

Will claiming any of these will breach immigration rules (no recourse to public funds) for wife and the child

Claimed by Wife on Tier-2 Dependent
1 - Tax relief on pension as per https://www.gov.uk/tax-on-your-private- ... tax-relief
2 - Help to Buy ISA bonus when purchasing first home. as per https://www.helptobuy.gov.uk/help-to-buy-isa/

Claimed by Husband (with ILR) for Child on Tier-2 Dependent
1 - Child Benefit as per https://www.gov.uk/child-benefit
For the above 2 you may have to refer to the Public funds for the purposes of immigration guidance
to establish if they fall within it.

The third one from my understanding is so as long as the dependent childs child benefit is being claimed by the parent that holds settled status, it should be fine.

Hope this helps some what.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


harshitguptaiitr
Member
Posts: 118
Joined: Wed Sep 16, 2015 12:25 pm
India

Re: Benefits where one person has ILR

Post by harshitguptaiitr » Sun Mar 18, 2018 10:50 am

For the above 2 you may have to refer to the Public funds for the purposes of immigration guidance
Thanks for the response.
I had read the PDF (published in 2016) before posting and could not find a direct answer and hence posted in the group.

Please can someone advice.
Please DO NOT send me a Private Message for immigration advice.

My responses are not a substitute for professional legal advice. My response does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

harshitguptaiitr
Member
Posts: 118
Joined: Wed Sep 16, 2015 12:25 pm
India

Re: Benefits where one person has ILR

Post by harshitguptaiitr » Mon Apr 30, 2018 8:43 pm

harshitguptaiitr wrote:
Sun Mar 18, 2018 10:50 am
Thanks for the response.
I had read the PDF (published in 2016) before posting and could not find a direct answer and hence posted in the group.

Please can someone advice.
I will appreciate help from experienced members on this forum for the
  • Pension Tax Relief
  • Help to Buy ISA Bonus
Please DO NOT send me a Private Message for immigration advice.

My responses are not a substitute for professional legal advice. My response does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.

User avatar
CMOSUK
Senior Member
Posts: 638
Joined: Mon Aug 14, 2017 3:33 pm
Location: Glasgow, UK
Mood:

Re: Benefits where one person has ILR

Post by CMOSUK » Wed May 02, 2018 10:23 am

harshitguptaiitr wrote:
Mon Apr 30, 2018 8:43 pm
harshitguptaiitr wrote:
Sun Mar 18, 2018 10:50 am
Thanks for the response.
I had read the PDF (published in 2016) before posting and could not find a direct answer and hence posted in the group.

Please can someone advice.
I will appreciate help from experienced members on this forum for the
  • Pension Tax Relief
  • Help to Buy ISA Bonus
Again, where it is specific to one's immigration conditions under immigration law in the UK. UKVI/H.O have a specific list of what is regarded as public funds for the purposes of immigration.

If it does not fall within the public funds for the purposes of immigration guidance, then it would not be considered a breach of immigration conditions set out before you.

However just because it isn't listed under it, you still may not be entitled to it, not because of immigration restrictions but other thresholds such as income, nationality, residence or other circumstances that are used to test whether you would be eligible or not.

An example from my understanding is, student finance, although it is a public fund, for the purposes of immigration it wouldnt be consideres as it does not fall under its list of what is considered public funds for the purposes of immigration.

However, you may not be entitled to recieve not because of immigration restrictions or conditions but rather its own eligibility criteria that needs to be met.

I hope this helps.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


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