UK Spouse Visa- Is Child Benefit a Public Fund?

My sister who got married in 2006 wants to sponsor her husband from Afghanistan after her husband’s first application was refused 2 years on the grounds of lack of accommodation and the fact that my sister was receiving incapacity benefit on that time.

She is only receiving Child Benefit for her two children and she works full time as a manager in a pizza shop . She has her accommodation sorted. Since she has started work on September , she has been earning £ 235.88 pw after tax and she pays £110 of it towards house rent, council tax and utility bills. She also has around £15000 in her current account which her husband has been sending her over the last 1 year.

1) Can anyone please explain whether Child Benefit will affect her husband’s visa application?
2) If it is ok to receive Child Benefit then can she count Child Benefit as part of her weekly income towards her two children’s maintenance allowance (£65.01) required by immigration law.
3) Is her weekly wage and saving enough to meet spouse visa financial requirement.

Your advice will be highly appreciated.
Thank you

Sammad wrote:Yes, it will. It is public funds, has your sister thought about moving to Afghanistan instead? it seems her husband has enough money to send her to support her.

She started work in September she's already a manager? Where she work out? 'uncles' pizza bar?

And if her husband can send her £15,000 a year from Afghanistan, he is better off staying over there. He must have an expectationally good job, if he can afford to support his wife with 15k a year. What's his job? is he the President? Because the average wage in Afghanistan is about $1 a day.

The GDP per capita is $900 with a 15m labour force. unemployment rate at 40%. And population below poverty line is 35%. So he must be out of his mind if he wants to come to the UK if you ask me. Or you've got your figures mixed up.

So he makes, in one year what it takes the average person in Afghanistan to make in 40 years!

Stay focused on the question and refrain from providing inaccurate answer.

Provided child benefit is claimed by a Brirish citizen or settled person it is not classified as public fund

Jawedshah wrote:She is only receiving Child Benefit for her two children

Why? That is, why is she only claiming Child Benefit, and apparently not claiming Tax Credits?

As a general point, the Claiming Benefits section of this board covers this aspect thoroughly, where you will see that in view of para 6B of the Immigration Rules, Child Benefit and Tax Credits are not a problem where the UK-based spouse is either British or has "settled status" in the UK.

Sammad wrote:Yes, it will. It is public funds, has your sister thought about moving to Afghanistan instead? it seems her husband has enough money to send her to support her.

She started work in September she's already a manager? Where she work out? 'uncles' pizza bar?

And if her husband can send her £15,000 a year from Afghanistan, he is better off staying over there. He must have an expectationally good job, if he can afford to support his wife with 15k a year. What's his job? is he the President? Because the average wage in Afghanistan is about $1 a day.

The GDP per capita is $900 with a 15m labour force. unemployment rate at 40%. And population below poverty line is 35%. So he must be out of his mind if he wants to come to the UK if you ask me. Or you've got your figures mixed up.

So he makes, in one year what it takes the average person in Afghanistan to make in 40 years!

I just asked for an advice not for judgement. But since you have asked, the money her husband sent to her is from the sale of an inhertied property. Thanks for nothing.

John wrote:

Jawedshah wrote:She is only receiving Child Benefit for her two children

Why? That is, why is she only claiming Child Benefit, and apparently not claiming Tax Credits?

As a general point, the Claiming Benefits section of this board covers this aspect thoroughly, where you will see that in view of para 6B of the Immigration Rules, Child Benefit and Tax Credits are not a problem where the UK-based spouse is either British or has "settled status" in the UK.

Thank you very much. I will ask her to read the immigration Rules. 6B.

Could you also kindly tell us if her employment in a close relative business will be of a concern. She is basically managing a small pizza shop which belongs to me since I am permanetly based outside the UK.

I will ask her to read the immigration Rules. 6B.

It is rather technical! But the basic of it is that it effectively changes the definition of "Public Funds" as in para 6 of the Immigration Rules.

Could you also kindly tell us if her employment in a close relative business will be of a concern. She is basically managing a small pizza shop which belongs to me since I am permanetly based outside the UK.

As long as the job is real, and she is not being overpaid for what she does, I do not see a problem.

No doubt the answer is "yes", but I need to ask. Please confirm that the business is being operated properly, for example, usual payroll procedures are operated, so that she suffers PAYE and NI being deducted from her pay, and she gets a proper payslip every pay period.

By the way, is she British? Or has ILR? Or what is her UK immigration status?

John wrote:

I will ask her to read the immigration Rules. 6B.

It is rather technical! But the basic of it is that it effectively changes the definition of "Public Funds" as in para 6 of the Immigration Rules.

Could you also kindly tell us if her employment in a close relative business will be of a concern. She is basically managing a small pizza shop which belongs to me since I am permanetly based outside the UK.

As long as the job is real, and she is not being overpaid for what she does, I do not see a problem.

No doubt the answer is "yes", but I need to ask. Please confirm that the business is being operated properly, for example, usual payroll procedures are operated, so that she suffers PAYE and NI being deducted from her pay, and she gets a proper payslip every pay period.

By the way, is she British? Or has ILR? Or what is her UK immigration status?

Yes the job is real and she recieves regular pay silips and she pays the NI and Tax.
She is a British National.

Thank you

I thought it was ok for the sponser to receive any kind of public funds as long as it is clrear no additional public funds would be claimed if the applicants visa is granted?

That is correct in respect of benefits covered by para 6A of the Immigration Rules. But in respect of benefits covered by para 6B, such as Tax Credits, that restriction does not apply.

This is a very complicated area of law, the interaction between immigration law and benefit law.

John wrote:That is correct in respect of benefits covered by para 6A of the Immigration Rules. But in respect of benefits covered by para 6B, such as Tax Credits, that restriction does not apply.

This is a very complicated area of law, the interaction between immigration law and benefit law.

It is noteworthy that 6B is subject to 6C. Therefore If a person is applying for Entry Clearance then the Tax Credit potential claims could be considered as public fund, if the spouse is on low income.

However if a person was applying for leave to remain, this will not be the case.

It is noteworthy that 6B is subject to 6C. Therefore If a person is applying for Entry Clearance then the Tax Credit potential claims could be considered as public fund, if the spouse is on low income.

But that effectively stops those potential benefit claims being taken into account when the outside-the-UK visa application is being considered. Once the applicant has got their visa and is in the UK, para 6C is effectively of no interest.

That is what i was trying to say.

I find it quite silly.

If you are overseas and applying then your potential to claim these benefits will be considered, but once you enter UK and start claiming, it won't affect future settlement application.

It brings tp question the true intention of Paragraph 6C . Is it aimed at immigration control, or delibrately depriving low earners of the right to family reunification.

At least the new government is honest enough to say, they will ban family reunification for low earners.