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Claiming child benefit affect ILR application

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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Pouria
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Claiming child benefit affect ILR application

Post by Pouria » Mon Oct 21, 2019 6:47 am

Hi all,

Can you please advise if I can apply for child benefit whilst on tier 2? I sent the application and it was approved by HMRC but I am concerned if it will have an impact on my ILR application!

Please advise

Thanks
P

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CR001
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Re: Claiming child benefit affect ILR application

Post by CR001 » Mon Oct 21, 2019 6:58 am

No, your visa clearly states no recourse to public funds. Child benefit is public funds and yes it can affect your ilr application.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Pouria
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Re: Claiming child benefit affect ILR application

Post by Pouria » Mon Oct 21, 2019 7:27 am

Thanks for your prompt response. Except cancelling the benefit, what else do you recommend me to do?

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Zerubbabel
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Re: Claiming child benefit affect ILR application

Post by Zerubbabel » Mon Oct 21, 2019 7:51 am

Pouria wrote:
Mon Oct 21, 2019 7:27 am
Thanks for your prompt response. Except cancelling the benefit, what else do you recommend me to do?
In the UK, most Government departments databases are connected to each other. And going forward, this drive of connecting everything to everything is getting stronger. It means if you perceive any benefit that falls under the category "public funds" - Child Benefit does - it will be visible to the Home Office if you make any immigration application.

This is a serious breach and usually leads to refusal of the immigration application. The refusal ground is strong and not of the kind that can be challenged by an appeal or similar process.

Check this page out:

https://www.gov.uk/repay-child-benefit-overpayments

You can call the HRMC. They are really nice on the phone and they respond quickly. If you just submitted the application and didn't perceive anything yet, just cancel it. Otherwise, if they gave you any money, refund it.

Pouria
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Re: Claiming child benefit affect ILR application

Post by Pouria » Mon Oct 21, 2019 4:11 pm

Thanks for detailed response. I called and cancelled the benefit..

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Zerubbabel
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Re: Claiming child benefit affect ILR application

Post by Zerubbabel » Mon Oct 21, 2019 4:19 pm

Pouria wrote:
Mon Oct 21, 2019 4:11 pm
Thanks for detailed response. I called and cancelled the benefit..
Good for you :) I am happy that you came in here and asked before any damage was made. Many people don't realize that when asking for ILR, extension, switch... etc the Home Office audits the compliance with current immigration status. Any breach is leveraged to build a refusal case forward.

All the best!

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