Question on claiming child benefit (ILR holder with wife & child on GTV dependent visas)

anonvtic wrote: ↑

Wed Aug 31, 2022 3:42 pm

I have recently obtained ILR status in the UK, and also received the BRP a fortnight ago. Currently, my wife and baby are in the UK on dependent visas (global talent dependent) with leave to remain until Sep 2023.

The baby was born in the UK, for whom we have already submitted an MN1 citizenship registration application. Hopefully, baby shall receive their citizenship registration certificate by March 2023 (in approx 6 months), and then a British passport thereafter.

For my wife, we intend to renew her GTV dependent visa for 3 more years by submitting a renewal application prior to the expiry of her current visa, and then later on submit an ILR application around Aug 2026 when she becomes eligible.

My questions are:
1. Presently, are we eligible to claim child benefits? "You" are eligible, not "we"!
2. If not, based on the above info, what is the earliest point at which I can apply for it?

1. Presently, are we eligible to claim child benefits? "You" are eligible, not "we"!

JB007 wrote: ↑

Sun Jul 17, 2022 10:41 am

These are the UK benefit calculators the UK government say to use.
https://www.gov.uk/benefits-calculators

From there when you put in LLR for anybody, (the claimant or anyone in the family) it comes up with this on turn2us site and tells you find an advisor and then gives a link to find an an advisor-



Sorry, we can't calculate your benefits

Help for people with limited leave to enter or remain

If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

There are special rules which apply when working out how much benefits a household can get if anyone in the household has limited leave to remain. Our calculator cannot apply those rules, so you cannot use the calculator to get an accurate or useful calculation of your benefit entitlement.

You should seek specialist advice before trying to claim benefits if you, your partner or your child have Limited Leave to Enter or Remain.

Use our find an adviser tool, or our guide to benefits for migrants to find out more about how your immigration status will affect your benefit entitlement.
https://benefits-calculator.turn2us.org.uk/

This advice applies to England.
...
...
Don’t apply for anything included in ‘public funds’ - unless you know there’s an exception in your situation. If you do, you might be breaking the conditions of your stay (what you can and can’t do in the UK). You could be taken to court. You might be told you have to leave the UK - if you don't, you could be detained and deported.

You won’t be told if a benefit or service is included in public funds when you apply, so it’s important to check for yourself.

If your child is subject to immigration control, but you're not-

You can usually claim benefits included in public funds for your child if they’re subject to immigration control for benefits and services, but you’re not.

This doesn't apply to:

Disability Living Allowance (DLA)

the child and childcare costs elements of Universal Credit

Child Benefit – if ‘no public funds’ is a condition of your child’s stay

Get immigration advice before you try to claim one of these benefits