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Child benefits eligibility

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

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

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rk_niu1981
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Posts: 67
Joined: Fri May 19, 2017 8:17 am

Child benefits eligibility

Post by rk_niu1981 » Sat Dec 01, 2018 9:13 pm

Dear friends

Need your help please.

I am a British citizen now, and I got my ILR in March 2016. My wife and my daughter are still on Tier 1 General dependant visa and they will qualify for ILR in Oct 2019.

I have been claiming Child benefit for my daughter from April 2016, after I got my ILR. Could you please confirm that I am eligible to claim child benefit after I got my ILR?

I am just looking at ILR page on Gov.uk for dependants and I noticed something which is bit confusing, see bold text below, please could you review below and let me know if I have violated anything.

"""Eligibility for partners

Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds
""""

Please could anyone respond ASAP. I remember seeing quite a few posts on this forum in the past where it was mentioned you can claim benefits as soon as one person gets ILR in a family.

Thanks in advance for your help.

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CR001
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Re: Child benefits eligibility

Post by CR001 » Sat Dec 01, 2018 9:19 pm

I have been claiming Child benefit for my daughter from April 2016, after I got my ILR. Could you please confirm that I am eligible to claim child benefit after I got my ILR?
Yes, you can claim as you hold ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rk_niu1981
Junior Member
Posts: 67
Joined: Fri May 19, 2017 8:17 am

Re: Child benefits eligibility

Post by rk_niu1981 » Sat Dec 01, 2018 9:27 pm

Many thanks CR001 for the prompt response.

But I am struggling to understand what the below statement means, in order for my wife to qualify for ILR, it says that you or your partner must not be using public funds, in my case I am currently claiming child benefit on my name. I am still a bit confused. Please if you can clarify, I would really appreciate it.

When you apply for settlement, you and your partner must:

- not be using public funds

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CR001
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Re: Child benefits eligibility

Post by CR001 » Sat Dec 01, 2018 9:33 pm

It means not working and relying SOLELY on public funds, i.e. housing, tax credits, etc!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rk_niu1981
Junior Member
Posts: 67
Joined: Fri May 19, 2017 8:17 am

Re: Child benefits eligibility

Post by rk_niu1981 » Sat Dec 01, 2018 9:38 pm

Thanks again CR001 for the clarification, much appreciated. I am bit relieved now. Thanks again. Cheers, Have a good rest of the weekend !

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