Hi thanks for the replies, so I should apply for the child benefit then when she obtains ILR, transfer it over to her name, and she would get the credits? You don’t need to wait, your wife should apply to transfer the NI credits (class 3) from your child benefit claim, to her, which will count towa...
JB007, that advice is not correct. It is possible for a person to transfer their NI credits (class 3 which count for state pension) from child benefit to their spouse/partner. The OP’s spouse should complete form CF411A to transfer the NI credits - https://www.gov.uk/government/publications/national...
British Citizenship for children of EEA nationals The courts held that the Home Office's interpretation of the law between 1983 and 2000 on when EEA Nationals were treated as settled in the UK, was incorrect. In practice, this meant that the children of such EEA settled nationals born in the UK duri...
If you involve your local MP and explain you are in hardship/destitution or face it then your local MP should help expedite the application for a decision within 4 weeks. Assuming that the Home Office have all the documents and information to make a decision. Send local MP a letter from your GP stat...
Tax free childcare is not a public fund so would not breach a NRPF restriction. You may be eligible for
Tax free childcare as you are a British national.
Yes you will be expected to supply 6 months of bank statements for all bank accounts whether used or not belonging to you, any partner and any children. You will also need to itemise your income and expenditure so that the Home Office can decide if there is a risk of hardship/destitution. I assume y...
When making your application for further leave then you should clearly state you require access to public funds due to risk of hardship/destitution and state the exceptional circumstances eg children, health issues etc….
Select English > A British citizen, settled in the UK or in the UK for another reason > type Country > Non-British child of a parent, parents or relative who are British citizens or settled in the UK
If you are British otherwise than by descent eg naturalised when/if your child is born abroad then your child is British by descent and can apply for a British passport. You would need to establish that eg marriage certificate, your naturalisation certificate and child’s birth certificate amongst an...
The minimum income floor is based on your work related requirements so can you confirm if both you and your partner are entitled to public funds? If you have any children (if so age and any health issues)? If you or partner have any health issues or caring responsibilities?
You can claim UC and it shouldn’t adversely affect a spouse visa application, however, (a) you can’t use the UC income to meet the financial requirement under Appendix FM, unless exempt eg you get PIP or carer’s allowance and (b) you still need to meet the financial requirement eg earning £18,600 pe...
I've just found this link that might help you understand what Public Funds you can have? Check if you have the right to reside for benefits https://www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-have-the-right-to-reside-for-benefits/ Note tha...
Thanks , Amber for spelling out so precisely. I may be repeating the question as I assume that I couldn’t asked properly. As you said benefits (including training) are subject to the eligibility set out by the DWP. However it would be the consequences as the non-eu family members entered as depende...
The OPs question was whether claiming public funds would impact on their future settled status application, my answer was no, for which I stated “therefore claiming public funds or support isn’t an issue”. You have then proceeded to discuss eligibility to public funds which was not the OPs question ...
If you have pre-settled status under the EU settlement scheme, you are not subject to immigration control therefore claiming any public funds or support isn’t an issue. Only Settled Status on the EUSS gives access to UK public funds. For public funds with pre-settled status on the EUSS, they must m...
Income Related ESA claimants will not be migrated to UC until 2028 (unless also getting tax credits then it will be earlier). No new claims for income related ESA can be made, it would be UC, but that certainly isn’t the same as an existing legacy claimant as in this case, which you can tell because...
Yes, as the maintenance undertaking period has lapsed - 5 years, she can claim public funds, assuming she has ILR. She may also claim attendance allowance, if she has health issues. They will generate her a NI number when she claims pension credit.
Can you still meet the requirements for further leave? Your spouse’s route to settlement may change to a 10 year route if you can’t. If you apply on the basis of private/family life you could request access to public funds for your spouse you could also apply for a fee waiver when extending.
If you have pre-settled status under the EU settlement scheme, you are not subject to immigration control therefore claiming any public funds or support isn’t an issue.
The applicable amount for IR-ESA, where the partner is a PSIC, is comprised of: 1. the claimant’s personal allowance (but not the partner) and 2. any appropriate premium for the claimant and 3. either the work related activity component or the support component and 4. housing costs. There is no modi...
Generally to get recourse to public funds you have to show destitution/hardship or that it would be likely if not given access to public funds. There has to also be an element of vulnerability/exceptional circumstances eg having dep children/health issues. It would also be expected that you’d apply ...
