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ILR and recourse to public funds

Questions and discussions about claiming benefits while living and working in the UK

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fhumbert
Newbie
Posts: 38
Joined: Tue Feb 01, 2011 9:55 am

ILR and recourse to public funds

Post by fhumbert » Mon Feb 07, 2011 8:46 am

Hi,
My wife is currently on a spouse visa which expires on 2 June 2011. We are looking to apply for her ILR with form SET(M).
She is a citizen of the United States of America. I am a dual national of the UK and France.
The spouse visa is a 2-year probationary period with NO RECOURSE TO PUBLIC FUNDS endorsed on her identity card for foreign nationals.
We have never needed public funds so far as we are both gainfully employed.

We are however expecting our first child on 29 July 2011. As far as ILR is concerned, I believe she meets all the criteria.

I am just a little concerned about the "recourse to public funds" situation once ILR has been granted. I have read this page on the UKBA's website:
http://www.ukba.homeoffice.gov.uk/partn ... etoremain/

In there it says that we should be able to support ourselves without needing public funds.

My question is in relation to the pregnancy and subsequent maternity leave. Will we be entitled to Child Benefit ?
What about tax credits ?

I was under the impression that ILR for a spouse of a british citizen would no longer carry the stigma of the "no recourse to public fund" requirement. Is that not correct ?

Thanks for any help.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: ILR and recourse to public funds

Post by xyz123 » Mon Feb 07, 2011 10:59 am

fhumbert wrote:Hi,
My wife is currently on a spouse visa which expires on 2 June 2011. We are looking to apply for her ILR with form SET(M).
She is a citizen of the United States of America. I am a dual national of the UK and France.
The spouse visa is a 2-year probationary period with NO RECOURSE TO PUBLIC FUNDS endorsed on her identity card for foreign nationals.
We have never needed public funds so far as we are both gainfully employed.

We are however expecting our first child on 29 July 2011. As far as ILR is concerned, I believe she meets all the criteria.

I am just a little concerned about the "recourse to public funds" situation once ILR has been granted. I have read this page on the UKBA's website:
http://www.ukba.homeoffice.gov.uk/partn ... etoremain/

In there it says that we should be able to support ourselves without needing public funds.

My question is in relation to the pregnancy and subsequent maternity leave. Will we be entitled to Child Benefit ?
What about tax credits ?

I was under the impression that ILR for a spouse of a british citizen would no longer carry the stigma of the "no recourse to public fund" requirement. Is that not correct ?

Thanks for any help.
After ILR you are entitled to benefits. ILR is as good as british citizenship apart from having the passport (and travel freedom).

There is no stigma after she gets ILR.

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