Transferring National Insurance Contribution credits linked to child benefits to partner on Spouse Visa

Hi Valuable members

This is my first time on the board and first query and i would appreciate if someone senior or experienced could answer for me to take appropriate action. I have two questions:

1). I am on ILR and my husband and child are on dependent Spouse Visa. My child and husband visa BRP says "No Resource to Public Fund). Can i still apply for child benefit in my name only and i hope it won't have any effect onto my child FLR extension? or would he be in breach of immigration condition if i apply child benefit in my name (ILR Holder)?

2). I am full time employed but husband is not working. If i claim Child Benefit of my child, so have National Insurance Credits on my national Insurance record.
Can I transfer these NIC to my husband, does this break the rule No Recourse to Public funds?

I know point 2 may be bit technical however would be very thankful if someone senior or experience shed some light on. Thank you.

This is my first time on the board and first query and i would appreciate if someone senior or experienced could answer for me to take appropriate action.

Really?? Two usernames with the same IP address and same name in email addresses

member/Everyday4u/

Joined:Mon Jan 22, 2018 8:09 am
Last active:Wed Jun 12, 2019 1:03 pm

announcements/multiple-member-id-s-t11811.html

Administrator wrote: ↑

Fri Dec 01, 2006 2:46 pm

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

1). I am on ILR and my husband and child are on dependent Spouse Visa. My child and husband visa BRP says "No Resource to Public Fund). Can i still apply for child benefit in my name only and i hope it won't have any effect onto my child FLR extension? or would he be in breach of immigration condition if i apply child benefit in my name (ILR Holder)?

Surely you know the answer to this as you previously stated with your other username that you already claim child benefit.

claiming-benefits/child-benefit-t282935.html#p1791034

CR001 wrote: ↑

Mon Jul 29, 2019 3:17 pm

This is my first time on the board and first query and i would appreciate if someone senior or experienced could answer for me to take appropriate action.

Really?? Two usernames with the same IP address and same name in email addresses

member/Everyday4u/

Joined:Mon Jan 22, 2018 8:09 am
Last active:Wed Jun 12, 2019 1:03 pm

announcements/multiple-member-id-s-t11811.html

Administrator wrote: ↑

Fri Dec 01, 2006 2:46 pm

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

1). I am on ILR and my husband and child are on dependent Spouse Visa. My child and husband visa BRP says "No Resource to Public Fund). Can i still apply for child benefit in my name only and i hope it won't have any effect onto my child FLR extension? or would he be in breach of immigration condition if i apply child benefit in my name (ILR Holder)?

Surely you know the answer to this as you previously stated with your other username that you already claim child benefit.

claiming-benefits/child-benefit-t282935.html#p1791034

@CR001

Thank you for your reply. Yes it is true that i am using the name of the person in E-mail ID who was a member on this form, its good you noticed that and i am sure you also noticed the difference in E-mail address.
I am also thankful to you for sending me link of the person's post which i can read and remember him. It is hurtful and i am in tears to say that the person you referred in link was my brother and no more alive. He died last month.
I came on this form first time to get assistance as he talked about it once and i remembered but i never expected i shall be treated like this.
I found the answer of point 1 from my brother's post and i hope someone kind would answer point 2? Thanks for your time.

Aleezafatimah wrote: ↑

Mon Jul 29, 2019 2:59 pm

2). I am full time employed but husband is not working. If i claim Child Benefit of my child, so have National Insurance Credits on my national Insurance record.
Can I transfer these NIC to my husband, does this break the rule No Recourse to Public funds?

You only get National Insurance Credits from Child Benefit if you are not paying national insurance. You are working and paying national insurance - you don't get both.

Everybody builds up their own national insurance record. You can't transfer your record to your husband, he needs to work and build up his own record.

JB007 wrote: ↑

Mon Jul 29, 2019 9:34 pm

Aleezafatimah wrote: ↑

Mon Jul 29, 2019 2:59 pm

2). I am full time employed but husband is not working. If i claim Child Benefit of my child, so have National Insurance Credits on my national Insurance record.
Can I transfer these NIC to my husband, does this break the rule No Recourse to Public funds?

You only get National Insurance Credits from Child Benefit if you are not paying national insurance. You are working and paying national insurance - you don't get both.

Everybody builds up their own national insurance record. You can't transfer your record to your husband, he needs to work and build up his own record.

@JB007 : Thank you for your reply. This is advised by HMRC when i spoke to them and i believe there is a way which allows a parent in claim of child benefit can transfer credits related to claim to his/her partner under certain conditions. And my partner is meeting those conditions.
However, HMRC obviously can not give immigration advise therefore i came on this form to ask if transferring such National Insurance credits related to child benefit claim to partner on Spouse Visa would be a breach of his immigration condition? It is bit technical question i think. All i want to know if doing so would be a breach or not?

Aleezafatimah wrote: ↑

Tue Jul 30, 2019 9:28 am

@JB007 : Thank you for your reply. This is advised by HMRC when i spoke to them and i believe there is a way which allows a parent in claim of child benefit can transfer credits related to claim to his/her partner under certain conditions. And my partner is meeting those conditions.
However, HMRC obviously can not give immigration advise therefore i came on this form to ask if transferring such National Insurance credits related to child benefit claim to partner on Spouse Visa would be a breach of his immigration condition? It is bit technical question i think. All i want to know if doing so would be a breach or not?

The conditions are that the parent who doesn't work, gets the Child Benefit put in their name, but Child Benfit is a public fund and your husband must not take public funds.

You work and pay NICs - you are not getting a NICs credit too.
"You may be able to get National Insurance credits if you’re not paying National Insurance"
https://www.gov.uk/national-insurance-credits

If your husband wants to start/continue his NIC record, then he wil have to work.

I read about transferring credits but I do not know does doing it brake the No public funds rules.
I phoned Home office today about it, and the answer is not clear as expected. (The person answering the phone insisted that there is not such thing called NI Credits...)

Credits for parents and carers (This is where I read it)
https://www.gov.uk/government/publicati ... ers-cf411a
You may be entitled to these credits if:
• you’re an approved foster parent or foster/kinship carer (Scotland)
• you’re the spouse, partner or civil partner of the current person registered for Child Benefit for the child being cared for, and you want to transfer entitlement to the credits to yourself
• you’re (or were) registered for Child Benefit for the child being cared for in the past, but the automatic credits are missing from your National Insurance account

@CMY_6783
Thank you for reply. I understand NI Credits linked to child benefits are transferable to Spouse. However, i am confused about, having them transferred to such Spouse (who is on spouse visa with NO RESOURCE TO PUBLIC FUND) could effect immigration condition and may create problem getting FLR extension or ILR?

As child benefit is public fund and claimable by either settled or British/ EEA citizen. Any associated credits transfer to spouse on visa may be consider as breach of immigration condition. But Unfortunately Home Office or perhaps immigration law is quite on it as there isn't any information or case to be referred .

cmy_6783 wrote: ↑

Thu Aug 22, 2019 3:23 pm

I read about transferring credits but I do not know does doing it brake the No public funds rules.
I phoned Home office today about it, and the answer is not clear as expected. (The person answering the phone insisted that there is not such thing called NI Credits...)

Credits for parents and carers (This is where I read it)
https://www.gov.uk/government/publicati ... ers-cf411a
You may be entitled to these credits if:
• you’re an approved foster parent or foster/kinship carer (Scotland)
• you’re the spouse, partner or civil partner of the current person registered for Child Benefit for the child being cared for, and you want to transfer entitlement to the credits to yourself
• you’re (or were) registered for Child Benefit for the child being cared for in the past, but the automatic credits are missing from your National Insurance account