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Claim CB + ILR

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aristo
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Posts: 8
Joined: Wed May 11, 2005 9:12 pm

Claim CB + ILR

Post by aristo » Wed May 11, 2005 9:52 pm

Hello all,
I am Canadian citizen living and working here in UK for over 3 1/2 years (with the same company).
Being on a 4 year WP that means that I'll be able to apply for ILR in a September/October time.
In April 2004 I made claim for Child Benefit (cause I am bringing up one)and strangely enough got positive response from Inland Revenue, not realising that's on the list of public funds for ILR application.
My initial WP stamp in Canadian passport says 'no recourse to public funds'. That passport expired and after I renewed it I've got another stamp at Gatwick in which says "The holder has leave to enter/remain...issued on...".(no mention of public funds)
You can probably guess what am I going to ask: Can claiming CB affect my chances of getting ILR?
I have a well paid job here in UK and me and my wife own a house.

After looking for hours on the Net I managed to find very optimistic document which states that UK and Canada have special agreement when it comes to claiming benefits, and one of the benefits is CB. Have a look yourself: http://www.dwp.gov.uk/lifeevent/benefit ... 20_oct.pdf (page 14)

Another one that gives me a hope that I am not in breach of the condition of my stay is this one from the HM Revenue and Customs web site:
http://www.hmrc.gov.uk/childbenefit/eligible.htm

Under section Definitions it states:
you are a national of, or have come to live in the UK from, a country which has a special agreement with the UK covering Child Benefit.

Any expert views on this and how HO might view it?..
I still have time to react and stop the payments so it doesn't show on my bank statements which I will be submitting with ILR (last 3 , I believe)

BTW, my wife is not a Canadian citizen and her visa also states 'no recourse to public funds'

Thanks for your opinions on this matter

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