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Child benifits

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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Galaa
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Child benifits

Post by Galaa » Fri Feb 12, 2021 5:38 pm

Hi All,

I am a recent ILR holder and want to know about child benefit. My wife and son (overseas-born) are still waiting for their ILR. My daughter born in the UK. Can I claim child benefit? if yes, for both kids or only for my daughter.

I have seen a recent post with a similar situation but replies were a bit confusing so I am posting a new one.

Thanks in advance.

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CR001
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Re: Child benifits

Post by CR001 » Fri Feb 12, 2021 6:45 pm

Yes, for both kids.
Char (CR001 not Casa)
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Galaa
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Re: Child benifits

Post by Galaa » Fri Feb 12, 2021 10:13 pm

CR001 wrote:
Fri Feb 12, 2021 6:45 pm
Yes, for both kids.
Thanks.

To include my son, should I use his passport instead of a birth certificate?

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CR001
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Re: Child benifits

Post by CR001 » Sat Feb 13, 2021 9:00 am

You need to send the documents asked for in the form.
Char (CR001 not Casa)
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JB007
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Re: Child benifits

Post by JB007 » Sat Feb 13, 2021 9:04 am

CR001 wrote:
Fri Feb 12, 2021 6:45 pm
Yes, for both kids.
Are you sure?

"For Child Benefit, if you are not a person subject to immigration control, you can claim for a child for whom you are responsible for, regardless of the child’s immigration status. However, if the child’s leave is subject to a no recourse to public funds restriction, claiming child benefit for her/him could affect their right to remain in the UK. Get specialist immigration advice if you are in this situation."
https://www.turn2us.org.uk/Benefit-guid ... de-content

Quote is from one of the benefit calculators on the gov.uk list
https://www.gov.uk/benefits-calculators
Last edited by JB007 on Sat Feb 13, 2021 9:08 am, edited 1 time in total.

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CR001
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Re: Child benifits

Post by CR001 » Sat Feb 13, 2021 9:06 am

JB007 wrote:
Sat Feb 13, 2021 9:04 am
CR001 wrote:
Fri Feb 12, 2021 6:45 pm
Yes, for both kids.
Are you sure?

https://www.turn2us.org.uk/Benefit-guid ... de-content

https://www.gov.uk/benefits-calculators
My husband claimed child benefit for my daughter on a visa who was born abroad, no issues, many do.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Child benifits

Post by JB007 » Sat Feb 13, 2021 9:10 am

CR001 wrote:
Sat Feb 13, 2021 9:06 am
JB007 wrote:
Sat Feb 13, 2021 9:04 am
CR001 wrote:
Fri Feb 12, 2021 6:45 pm
Yes, for both kids.
Are you sure?

https://www.turn2us.org.uk/Benefit-guid ... de-content

https://www.gov.uk/benefits-calculators
My husband claimed child benefit for my daughter on a visa who was born abroad, no issues, many do.
It seems from the link that the although HMRC allows this, it does not conform with the the Home Office "no recourse to public funds restriction"?

Perhaps your daughter got away with it?
Last edited by JB007 on Sat Feb 13, 2021 9:13 am, edited 1 time in total.

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CR001
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Re: Child benifits

Post by CR001 » Sat Feb 13, 2021 9:13 am

JB007 wrote:
Sat Feb 13, 2021 9:10 am
CR001 wrote:
Sat Feb 13, 2021 9:06 am
JB007 wrote:
Sat Feb 13, 2021 9:04 am
CR001 wrote:
Fri Feb 12, 2021 6:45 pm
Yes, for both kids.
Are you sure?

https://www.turn2us.org.uk/Benefit-guid ... de-content

https://www.gov.uk/benefits-calculators
My husband claimed child benefit for my daughter on a visa who was born abroad, no issues, many do.
It seems from the link that the although HMRC allows this, it does not conform with the the Home Office on public funds?

Perhaps your daughter got away with it?
Many have done this and had no issues as it is the parent allowed to claim who is claiming, not the child.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

JB007
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Re: Child benifits

Post by JB007 » Sat Feb 13, 2021 10:10 am

CR001 wrote:
Sat Feb 13, 2021 9:13 am
JB007 wrote:
Sat Feb 13, 2021 9:10 am
CR001 wrote:
Sat Feb 13, 2021 9:06 am
My husband claimed child benefit for my daughter on a visa who was born abroad, no issues, many do.
It seems from the link that the although HMRC allows this, it does not conform with the the Home Office on public funds?

Perhaps your daughter got away with it?
Many have done this and had no issues as it is the parent allowed to claim who is claiming, not the child.
I'm not saying that many haven't done that, I'm merely giving a link to a government recommended site about claiming for somebody who has no recourse to public funds. People choose whether to ask for welfare benefits, or not.

ngvihu
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Re: Child benifits

Post by ngvihu » Wed Mar 17, 2021 11:30 pm

Hi JB007,
Have you got any further information/explanation regarding discrepancy in policies between Home Office and HMRC. Please kindly share.
Many thanks,
Hung.

ngvihu
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Re: Child benifits

Post by ngvihu » Wed Mar 17, 2021 11:30 pm

Hi JB007,
Have you got any further information/explanation regarding discrepancy in policies between Home Office and HMRC. Please kindly share.
Many thanks,
Hung.

vinny
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Re: Child benifits

Post by vinny » Thu Mar 18, 2021 12:29 am

Child Benefit
Eligibility for Child Benefit depends on the parent’s immigration and residence status, rather than the child's nationality or immigration status.

An eligible parent may claim Child Benefit regardless of the child’s immigration status. However, when a child has leave to remain that is subject to the NRPF condition, legal advice should be obtained from an immigration adviser before an application for Child Benefit is made to find out whether this may adversely affect the child’s current or future immigration position.

When a sole parent or both parents in a household have leave to remain that is subject to the NRPF condition, they will not qualify for Child Benefit and will not be able to claim this for a British child. They may only qualify for Child Benefit if an exception applies.
I think a parent with ILR may be eligible to claim.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ngvihu
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Re: Child benifits

Post by ngvihu » Thu Mar 18, 2021 8:43 am

Hi Vinny,
I have phoned child benefit office, they confirmed 'Yes, ILR holder can claim'. But they are not sure if the claim has any negative impact to the child's immigration position later on or not?? That doubt is also mentioned in the text you have quoted

"However, when a child has leave to remain that is subject to the NRPF condition, legal advice should be obtained from an immigration adviser before an application for Child Benefit is made to find out whether this may adversely affect the child’s current or future immigration position"

Please share if you have any further information regarding the matter?
Many thanks,
Hung.

vinny
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Re: Child benifits

Post by vinny » Thu Mar 18, 2021 11:06 am

An ILR holder is making the claim and is not subject to NRPF. If the child is not making the claim, then child is not breaking the NRPF conditions.

I think it should be okay. Haven’t seen any reports of a refusal posted here under these circumstances. Try a search?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Child benifits

Post by vinny » Thu Mar 18, 2021 11:53 am

Declare circumstances truthfully in all applications.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ngvihu
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Re: Child benifits

Post by ngvihu » Thu Mar 18, 2021 5:34 pm

Hi Vinny,
That is true, I haven't seen any refusal reported.
Just wondered, if it is ok and popular, why there is no confirmation in writing somewhere?
Many thanks.

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