no recouse to public fund still able to claim benefit?

[jessica_halida]

Hello,

I need some advice on claiming public funds. I am on HSMP (Tier 1) visa and my husband is on student visa, we'd been in UK for 3 years. Both of us are indonesian national. We had a 2 year old son (born in UK) with us here. Prior to this, we were in singapore for 7 years.

Recently, a friend of mine (an American guy whom here under work permit Tier 2) told me that he can claim public fund (working tax credit and child tax credit) despite the fact that his passport stamped with "no recource to public fund". He even consulted people from UK inland revenue, and concluded it's perfectly legal to do so. (Btw, his application was approved). On his application he stated honestly that he had no recourse to public fund.

So my question is, can I still apply? and would it cause any repercussion in the future? Thank you in advance for the advice

[Wanderer]

No you can't I'm afraid. Your American friend is wrong.

[John]

Download and have a look through this booklet, which gives a lot of detail about who can claim and who cannot claim.

I therefore agree with Wanderer, I cannot see how you are your spouse can claim, well not until one or both of you have ILR.

As far as the American is concerned, there might be reasons why he can claim? For example his wife or partner, she is British, or EEA? Also is he actually from Canada, or has he worked in Canada?