Urgent Advice - CB and Tax Credit

I would like someone to advice me before I proceed with Child Benefit and Tax Credit application. I am Naturalized British Citizen since march 2014. My wife and my daughter just join me here in the UK and they're both subjected to immigration control and no recourse to public fund.
my question are, can I claim Child Benefit and Tax Credit even though my daughter/wife are still subjected to Immigration control.
I've applied already and they asked me to forward original passport for both my wife/daughter including my own. I just need an advice as I don't want anything to affect their visa renewal later down the line.

Did you sign a SU07/12 undertaking form for your daughter?

Hi Amber,

Thanks for your prompt reply. Yes, I did sign the undertaken form.

Does that mean I can't claim any benefit?

Well the form for ILE it states:

SU07/12 wrote:I hereby undertake that, if the sponsored person named above is granted leave to enter the UK on a
permanent basis, I shall be responsible for his/her maintenance, accommodation and care in the UK for a
period of five years from the date of their entry to the UK. I am further aware that the sponsored individual
will have no recourse to public funds for five years from the date of their entry to the UK.

Given that you are not the sponsored individual it can be argued that by you claiming Child Benefit (in your name) and tax credits (in joint names) you are not breaching the undertaking.

This is contrasted with those given limited leave to enter as then:

If the sponsored person named above is granted limited leave to enter the UK, I shall be responsible for
his/her maintenance, accommodation and care in the UK without recourse to public funds for the duration of
that limited leave to enter.

I would argue that you should be ok claiming so far as your daughter was given ILE. However, perhaps email the UKVI for certainty.

Hi Amber,

Thanks for your reply / help. i'll email UKVI for certainty. many thanks

One other thing, I'm looking for email address for UKVI. Please kindly send me one if you have one or if you can direct me to where to get this. I've check gov.uk but nothing seems to be on their website.

[quote="Amber"]Well the form for ILE it states:

[quote="[url=https://www.gov.uk/government/uploads/s ... p-form.pdf]SU07/12[/url]"]I hereby undertake that, if the sponsored person named above is granted leave to enter the UK on a
permanent basis, I shall be responsible for his/her maintenance, accommodation and care in the UK for a
period of five years from the date of their entry to the UK. I am further aware that the [b][u]sponsored individual [/u][/b]
will have no recourse to public funds for five years from the date of their entry to the UK. [/quote]

Given that you are not the sponsored individual it can be argued that by you claiming Child Benefit (in your name) and tax credits (in joint names) you are not breaching the undertaking.

This is contrasted with those given limited leave to enter as then:

[quote]If the sponsored person named above is granted limited leave to enter the UK, [b][u]I shall be responsible[/u][/b] for
his/her maintenance, accommodation and care in the UK [b][u]without recourse to public funds[/u][/b] for the duration of
that limited leave to enter. [/quote]

I would argue that you should be ok claiming so far as your daughter was given ILE. However, perhaps email the UKVI for certainty.[/quote]


Hi Amber Could you let me know what does ILE stand for please?

Regards

Dali83 wrote:Hi Amber Could you let me know what does ILE stand for please?

Regards

Amber is no longer active on the forum. This topic is more than 2 years old. ILE = Indefinite Leave to Enter.

If you have a benefit question, start your own topic.