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ch2 child benefit - spouse visa

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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kashmeregoat
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ch2 child benefit - spouse visa

Post by kashmeregoat » Tue Oct 01, 2019 1:17 pm

Dear All

Would someone on a spouse visa be able to claim child benefit for a child who is a british citizen?

I understand the answer is yes, based on gov guidance: https://www.gov.uk/child-benefit-move-to-uk

"You must have been living in the UK for 3 months if you arrived on or after 1 July 2014 to be eligible for Child Benefit.
You do not have to have been living in the UK for 3 months if you arrived on or after 1 July 2014 and:
•have a family member who works or is self-employed"

and

"You’re ‘subject to immigration control’

You cannot claim Child Benefit if you’re subject to immigration control, unless you’re:
•a sponsored immigrant - someone else has agreed to be financially responsible for you"

Regards

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CR001
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Re: ch2 child benefit - spouse visa

Post by CR001 » Tue Oct 01, 2019 1:21 pm

kashmeregoat wrote:
Tue Oct 01, 2019 1:17 pm
Would someone on a spouse visa be able to claim child benefit for a child who is a british citizen?
No, the person holding a spouse visa cannot claim. The ILR holder or British spouse can claim in their name.
Char (CR001 not Casa)
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kashmeregoat
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Re: ch2 child benefit - spouse visa

Post by kashmeregoat » Fri Oct 25, 2019 8:26 am

Thank you for your input CR001.

Would anyone else be able to offer an opinon on this? I am convinced that under an appendix FM spouse visa, for a british citizen child, claiming child benefit is not considered an access to public fund as the person claiming is sponsored by someone who is eligible to recieve.

Regards

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