Child Benefits

[talreh20]

Dear Moderators

I have two kids born in the UK and one born back home and she is the eldest.

I haven't registered my two UK born kids as British. They both were born before I received ILR.

Can I apply for child benefits for my UK born kids?

If yes, would that affect my wife's FLR (M) Extension?

Many thanks in advance.

[CR001]

If all your children are in the UK, you can claim for all of them (unless the two child cap for benefits applies).

No effect on your spouse's visa of claimed in your name and you hold ilr.

[talreh20]

HI CR001

Many thanks for your kind reply.

I can claim even for the child who was born back home but is in the UK on my dependant VISA? Her BRP says no recourse to public funds? She is 5 years of age.

How can I find out if the benefit cap applies to me?

[CR001]

I can claim even for the child who was born back home but is in the UK on my dependant VISA? Her BRP says no recourse to public funds? She is 5 years of age.

Yes. It is the PARENT that claims and NOT the child.

How can I find out if the benefit cap applies to me?

https://www.gov.uk/child-benefit

[inspired2020]

wow Really !

I never applied for child benefit as i thought my kids need to get ILR first.
My Status : ILR (got it in Dec 2018)
Family Status : I have 2 kids and wife on dependent visa as their 5 years completing next month for ILR.
Obviously on their BRP cards state that they can't claim public funds as they are on dependent visas.
But just came across this post mentioning that you can claim benefits for your children even though they are on dependent visa .
Is it true people ? I dont want any trouble getting their ILR as its only one month remaining for their ILR

Thanks

[CR001]

wow Really !

I never applied for child benefit as i thought my kids need to get ILR first.
My Status : ILR (got it in Dec 2018)
Family Status : I have 2 kids and wife on dependent visa as their 5 years completing next month for ILR.
Obviously on their BRP cards state that they can't claim public funds as they are on dependent visas.
But just came across this post mentioning that you can claim benefits for your children even though they are on dependent visa .
Is it true people ? I dont want any trouble getting their ILR as its only one month remaining for their ILR

Thanks

The same advice is repeated 100s of times. It is the ilr holder parent that claims, NOT the children!!! You can claim for all chikdren. No affect on visa.

[inspired2020]

thank you

[JB007]

wow Really !

I never applied for child benefit as i thought my kids need to get ILR first.
My Status : ILR (got it in Dec 2018)
Family Status : I have 2 kids and wife on dependent visa as their 5 years completing next month for ILR.
Obviously on their BRP cards state that they can't claim public funds as they are on dependent visas.
But just came across this post mentioning that you can claim benefits for your children even though they are on dependent visa .
Is it true people ? I dont want any trouble getting their ILR as its only one month remaining for their ILR

Thanks

For the benefit called Child Benefit, the child having no recourse to public funds does not matter as it is the parent who is claiming this benefit for children who live with them. The parent is the one who must be allowed to claim UK benefits. There is no limit for the number of children claimed for with this benefit.

For the low income benefits, there is a limit on the number of children being claimed for. All the low income benefits have now been replaced by the one low income benefit called Universal Credit, with some claimants still to be moved over to UC. https://www.gov.uk/universal-credit
You will have to check for yourself if you think you can claim low income benefits for children that have no recourse to public funds.
https://benefits-calculator.turn2us.org.uk/AboutYou

Under Confirmation of Status this pop up appears-

If you have Limited Leave to Remain or Enter you usually have no recourse to public funds. This means that you cannot claim most benefits, or have someone else's benefit claim increased to cover you. If a claim is made it may affect your right to remain in the UK.

You should seek specialist advice before going any further if you, your partner or child have Limited Leave to Enter or Remain.

[JB007]

As you can see from my Universal Credit link, the welfare payment called Child Beneift is nothing to do with low income welfare payment called Universal Credit. They have diferent rules.

inspired2020 - If you claim Child Benefit, you can ask for the payment to be backdated 3 months because you held ILR then and had children living with you then. AS CR0012 has said, that claim must be in your name only - but you will need to put details about your wife.

[inspired2020]

thanks very much