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Claiming Child Benefit with Wife on 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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Scout209
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Posts: 5
Joined: Wed Apr 05, 2023 2:47 pm

Claiming Child Benefit with Wife on Spouse Visa

Post by Scout209 » Sat May 27, 2023 2:25 am

Hi,

Can someone please confirm If I can claim Child Benefit while my wife is on spouse visa and will be applying for her visa extension in few months ?

I'm a British citizen including my newborn baby but not sure if we can claim child benefit while my wife is on spouse visa.

Will claiming child benefit negatively affect the extension spouse visa application for my wife ?

Some people have said I can claim it without any negative affects for the extension visa application some say not to claim it. Please can someone confirm this with expert advise ?

Thanks

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

Re: Claiming Child Benefit with Wife on Spouse Visa

Post by JB007 » Sat May 27, 2023 9:43 am

As a British citizen, you can claim for your British citizen child.

Child Benefit can only be claimed in one persons name and that must be your name because your wife is No Recourse to Public Funds. Until she has been granted ILR, any Child Benefit claim will have to remain in your name, which will mean she can't have any NI Credits towards a UK State Pension (unless she works and pays her NI Contributions towards a UK state pension).

Her name must be linked on your Child Benefit claim because there is an earnings cap for CB and HMRC check her earnings too to look for benefit fraud. As long as the actual CB claim is in your name, it won't affect her visa.

You can ask for a backdate to the date your child was born (up to 3 months ago).

AndrewMuzz
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Posts: 21
Joined: Mon Jan 21, 2019 8:35 am

Re: Claiming Child Benefit with Wife on Spouse Visa

Post by AndrewMuzz » Thu Aug 31, 2023 10:49 am

The above answer is the information I was looking for as well.

Can I transfer NI credits from claiming child benefit to my wife who is on a FLR with no recourse to public funds or would this be seen as her claiming a benefit?

Thank you.

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: Claiming Child Benefit with Wife on Spouse Visa

Post by Amber » Sat Sep 02, 2023 2:03 am

**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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