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Child benefit - children not citizens

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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nickmpco
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Joined: Fri May 23, 2014 6:19 pm

Child benefit - children not citizens

Post by nickmpco » Tue Oct 22, 2019 10:31 am

All,

I realised this is asked quite a bit (sorry to add to it) but I can't seem to find a specific answer for my situation.

I received ILR on 2nd October. I have 3 UK born children. I have submitted an application for them to register as British citizens, but it is still pending. Even though my kids are NOT British citizens yet, can I claim child tax credits now? Or do I need to wait for their citizenship to be granted?

Also, just to confirm, my wife is a Tier 2 dependent visa holder and has no recourse to public funds. Her application for ILR will not be affected if I claim the benefits (as a settled person), correct?

Thank you all.

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CR001
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Re: Child benefit - children not citizens

Post by CR001 » Tue Oct 22, 2019 10:38 am

Your topic subject says Child Benefit, but you are asking in your post about Child Tax Credits?? They are two completely different things.

Note that it is the PARENT the claims Child Benefit, NOT the children, regardless of the children's immigration status.

Note also that Universal Credit is the new benefit that includes Child Tax Credits and you and your spouse would have to meet those specific requirements. As you appear to have been on Tier 2, your salary is likely too high for Universal Credit.
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.

nickmpco
Junior Member
Posts: 65
Joined: Fri May 23, 2014 6:19 pm

Re: Child benefit - children not citizens

Post by nickmpco » Tue Oct 22, 2019 10:55 am

CR001 wrote:
Tue Oct 22, 2019 10:38 am
Your topic subject says Child Benefit, but you are asking in your post about Child Tax Credits?? They are two completely different things.

Note that it is the PARENT the claims Child Benefit, NOT the children, regardless of the children's immigration status.

Note also that Universal Credit is the new benefit that includes Child Tax Credits and you and your spouse would have to meet those specific requirements. As you appear to have been on Tier 2, your salary is likely too high for Universal Credit.
Hi,

Thank you for your reply. I am referring to the "Child Benefit" and NOT the Child tax credit. Sorry for being so uninformed! Just to clarify from your response, I am eligible to claim this regardless of my children's immigration status. However, will this pose a problem for my wife who is subject to immigration control and has not recourse to public funds?

Thank you again

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CR001
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Re: Child benefit - children not citizens

Post by CR001 » Tue Oct 22, 2019 10:56 am

Just to clarify from your response, I am eligible to claim this regardless of my children's immigration status.
Yes, as it is YOU claiming and not your children.
However, will this pose a problem for my wife who is subject to immigration control and has not recourse to public funds?

No as it is YOU claiming and not your tier 2 dependent.
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.

nickmpco
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Posts: 65
Joined: Fri May 23, 2014 6:19 pm

Re: Child benefit - children not citizens

Post by nickmpco » Tue Oct 22, 2019 11:00 am

Thank you =)

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