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Child Benefit on Skilled Worker visa

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

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vysotskijav
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Child Benefit on Skilled Worker visa

Post by vysotskijav » Thu Oct 21, 2021 5:19 pm

Hello everyone,

I need some advice on no recourse to public funds (NRPF) condition. My wife and I have PBS dependant and Skilled Worker visas, respectively. We became parents on in July, our son was born in London. In a hospital we received "Child Benefit claim form" and we were told to fill it in and send to HMRC. I didn't check that CH is a public fund and form itself doesn't state that.
We didn't want to receive any payments from HMRC and to question "Do you want to be paid Child Benefit?" we answered "I do not want to be paid Child Benefit, but I want to protect my State Pension. Go to the declaration on page 8". Yesterday we received a letter from HMRC saying that we can't get this benefit as it's a public fund.
I'm afraid that it can be a reason for HO to refuse future immigration applications or we can be told to leave the UK.
How bad the situation could be?
Is it possible to do something here? For example, to send letter with explanation or something like that to fix the situation.

Thank you!

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alterhase58
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Re: Child Benefit on Skilled Worker visa

Post by alterhase58 » Thu Oct 21, 2021 5:25 pm

You haven't broken any rules, you declined CB - so there is nothing to fix.
If there's something missing perhaps share the full text of the HMRC letter (without personal details).
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

vysotskijav
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Re: Child Benefit on Skilled Worker visa

Post by vysotskijav » Thu Oct 21, 2021 6:18 pm

alterhase58 wrote:
Thu Oct 21, 2021 5:25 pm
You haven't broken any rules, you declined CB - so there is nothing to fix.
If there's something missing perhaps share the full text of the HMRC letter (without personal details).
Thank you for your reply! I attached the response from HMRC, I'd really appreciate if you could take a look at it!
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JB007
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Re: Child Benefit on Skilled Worker visa

Post by JB007 » Thu Oct 21, 2021 6:26 pm

You haven't taken Public Funds as you did not receive any (take) Child Benefit. As alterhouse58 has said, you haven't broken any rules. Well meaning hospital staff do not understand about immigration rules.

JB007
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Re: Child Benefit on Skilled Worker visa

Post by JB007 » Thu Oct 21, 2021 6:37 pm

vysotskijav wrote:
Thu Oct 21, 2021 6:18 pm
alterhase58 wrote:
Thu Oct 21, 2021 5:25 pm
You haven't broken any rules, you declined CB - so there is nothing to fix.
If there's something missing perhaps share the full text of the HMRC letter (without personal details).
Thank you for your reply! I attached the response from HMRC, I'd really appreciate if you could take a look at it!
Image

Citizens of some countries who do not have the benefit "right to reside", might be able to claim Child Benefit. Have a read of this updated version, which now excludes EEA citizens not protected by the withdrawal agreement, from having Child Benefit but has other countries citizens that can.

https://www.gov.uk/government/publications/public-funds

vysotskijav
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Re: Child Benefit on Skilled Worker visa

Post by vysotskijav » Thu Oct 21, 2021 6:52 pm

JB007 wrote:
Thu Oct 21, 2021 6:37 pm
vysotskijav wrote:
Thu Oct 21, 2021 6:18 pm
alterhase58 wrote:
Thu Oct 21, 2021 5:25 pm
You haven't broken any rules, you declined CB - so there is nothing to fix.
If there's something missing perhaps share the full text of the HMRC letter (without personal details).
Thank you for your reply! I attached the response from HMRC, I'd really appreciate if you could take a look at it!
Image

Citizens of some countries who do not have the benefit "right to reside", might be able to claim Child Benefit. Have a read of this updated version, which now excludes EEA citizens not protected by the withdrawal agreement, from having Child Benefit but has other countries citizens that can.

https://www.gov.uk/government/publications/public-funds
I should have mentioned in the first message that my wife and I are Russians. We definitely can't claim CB. Thank you for you answers!

JB007
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Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Child Benefit on Skilled Worker visa

Post by JB007 » Fri Oct 22, 2021 7:13 am

Everything is ok, don't worry, that benefit agency realised you could not take public funds.

Be aware that you will not always be told something is public funds as benefit staff are not immigration experts.

The responsibity is on the person to make sure they do not take what they are not allowed. That includes those with British citiznship too.

It's always published on the government site, what public funds are and who can have thme, but that list can change. e.g. Switzerland has been added the list of countries that have an agreement with the UK for Child Benefit.

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