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ILR for PBS Dependant after the main applicant had ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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paradoxical
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ILR for PBS Dependant after the main applicant had ILR

Post by paradoxical » Wed Mar 14, 2018 2:31 pm

Hi everyone,
I want to inquire about the eligibility of PBS dependants (Tier 2 in my case) for ILR. Although my wife would only be eligible in 2021, I'd like to check something that is worrisome now after a friend pointed out. I have already acquired my ILR based on Tier 2 in July 2017 (and would apply for naturalisation in due time). My wife and son will have their Tier 2 visa extended in a few months for another 3 years to enable them to complete their 5 years before they can apply for ILR. I started claiming Child Benefit in my name after I got my ILR from July having checked that it will not affect future ILR application of my dependants. However, now that I see the online gov website for checking eligibility for partners to get ILR, it states that:

When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds

This is,following the link here:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Can someone please check this and tell me if I should not be claiming any child benefit, or 30 hours childcare funding for that matter (under my name). I have not been able to find this clause in the immigration rules and I am hoping this is a mistake on the part of gov.uk website...
Many thanks,

paradoxical
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Re: ILR for PBS Dependant after the main applicant had ILR

Post by paradoxical » Wed Mar 14, 2018 2:35 pm

Just to clarify, I have already chosen in this online form that:
the partner is settled in the UK, based on Tier 2..

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CR001
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Re: ILR for PBS Dependant after the main applicant had ILR

Post by CR001 » Wed Mar 14, 2018 3:00 pm

You can claim child benefits as an ILR holder.
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paradoxical
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Re: ILR for PBS Dependant after the main applicant had ILR

Post by paradoxical » Wed Mar 14, 2018 3:52 pm

Thanks CR001.
Do you have any opinion on why the link on the gov website suggests otherwise?

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Re: ILR for PBS Dependant after the main applicant had ILR

Post by CR001 » Wed Mar 14, 2018 4:01 pm

Likely a general comment of not relying wholly on public funds, i.e. housing, JSA, Income support etc etc.

No has every reported a problem with claiming child benefits or tax credits.
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Re: ILR for PBS Dependant after the main applicant had ILR

Post by Temi001 » Fri Mar 16, 2018 4:46 pm

[quote=paradoxical post_id=1609270 time=1521037899 user_id=141296]
Hi everyone,
I want to inquire about the eligibility of PBS dependants (Tier 2 in my case) for ILR. Although my wife would only be eligible in 2021, I'd like to check something that is worrisome now after a friend pointed out. I have already acquired my ILR based on Tier 2 in July 2017 (and would apply for naturalisation in due time). My wife and son will have their Tier 2 visa extended in a few months for another 3 years to enable them to complete their 5 years before they can apply for ILR. I started claiming Child Benefit in my name after I got my ILR from July having checked that it will not affect future ILR application of my dependants. However, now that I see the online gov website for checking eligibility for partners to get ILR, it states that:

When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds

This is,following the link here:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Can someone please check this and tell me if I should not be claiming any child benefit, or 30 hours childcare funding for that matter (under my name). I have not been able to find this clause in the immigration rules and I am hoping this is a mistake on the part of gov.uk website...
Many thanks,
[/quote

Hi

Please did you add your partner detail on the HMRC online application form for 30 hours?

I Am in the same shoes and I was wondering if it's okay for my partner to add my details on the form even though he is the one claiming?

My partner has ILR

Thank you

paradoxical
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Re: ILR for PBS Dependant after the main applicant had ILR

Post by paradoxical » Tue Mar 20, 2018 10:33 am

Yes- I did add my wife's details. (You have to, as the eligibility requires both parents to be working)..However, only the ILR holder can apply :)

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