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Tier 1 extension and child benefits

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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and_org
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Joined: Tue Jan 12, 2010 8:51 pm

Tier 1 extension and child benefits

Post by and_org » Tue Jan 12, 2010 9:00 pm

Hello!

Did anyone extend Tier 1 while legally receiving child benefits? What documents are required to submit for this?

(I have HSMP (Tier 1) visa and I receive child benefits as I am from Israel and Israel and UK have reciprocal social security agreement, so I am eligible to receive child benefits).

Thanks in advance.

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Re: Tier 1 extension and child benefits

Post by nksg » Wed Jan 13, 2010 1:14 pm

T1 visa stamp says "No Recourse to public funds". If some one is claiming any public fund (and child benefit is a public fund), on T1 or HSMP is bleaching conditions of his visa. I have seen on the forums that some people got away with the Visa or extn by returning every penny of the claimed amount stating that it was in error... i am not sure what is the situation now...

In your case since you are from Israil first check the stamp on your visa.. or call up UKBA to check.

all the best!!
and_org wrote:Hello!

Did anyone extend Tier 1 while legally receiving child benefits? What documents are required to submit for this?

(I have HSMP (Tier 1) visa and I receive child benefits as I am from Israel and Israel and UK have reciprocal social security agreement, so I am eligible to receive child benefits).

Thanks in advance.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Jan 13, 2010 2:56 pm

nksg, you have failed to take into account what and_org has posted, namely, the agreement between the UK and Israel.

Download this document, and then look at the chart on page 6 of 7. The relevant column is "Social Security agreement with UK".

and_org, the design of the ILR application form does not make it easy to know how to proceed. The point is that whilst Child Benefit is in the definition of Public Funds, as in para 6 of the Immigration Rules, that para. is followed by 3 small paras. that can effectively change the definition, in certain circumstances. Here para 6B is in play, and that says :-
.... a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under ....
-: and then going on to quote relevant legislation.

So it could easily be argued that when answering the "Are you receiving Public Funds" question, the correct answer is "no", given that for you the Child Benefit is not Public Funds.
John

and_org
Newly Registered
Posts: 6
Joined: Tue Jan 12, 2010 8:51 pm

Post by and_org » Thu Jan 14, 2010 10:35 am

John wrote:nksg, you have failed to take into account what and_org has posted, namely, the agreement between the UK and Israel.

Download this document, and then look at the chart on page 6 of 7. The relevant column is "Social Security agreement with UK".

and_org, the design of the ILR application form does not make it easy to know how to proceed. The point is that whilst Child Benefit is in the definition of Public Funds, as in para 6 of the Immigration Rules, that para. is followed by 3 small paras. that can effectively change the definition, in certain circumstances. Here para 6B is in play, and that says :-
.... a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under ....
-: and then going on to quote relevant legislation.

So it could easily be argued that when answering the "Are you receiving Public Funds" question, the correct answer is "no", given that for you the Child Benefit is not Public Funds.
Thak you John.

I called home office and they told me I do need to check "Yes" that I am receiving child benifits. But they did not actually explain what documents I should provide: they adviced me to bring a letter from Child Benifits office.

Is there anybody in this forum from Barbados, Canada, Israel, Mauritius, New Zealand, Croatia, Bosnia-Herzegovina, Serbia and Montenegro or the
former Yugoslav Republic of Macedonia who received child benifits and then extended Tier1?

What documents did you bring?

Thanks...

Kaff
Member of Standing
Posts: 273
Joined: Mon Jan 29, 2007 1:43 am

Post by Kaff » Thu Jan 14, 2010 3:02 pm

Hi

I am from New Zealand, and I was recieving child benefits and recently got Tier1 extension.

Document I provided.

1. Sent email to home office with publicfunds document, and they replied that taking child benefits as NZder is not going to effect my ILR. Same email printout provided along with my application.

That's all.

May be that helps.
Kaff

and_org
Newly Registered
Posts: 6
Joined: Tue Jan 12, 2010 8:51 pm

Post by and_org » Thu Jan 14, 2010 3:53 pm

Thanks a lot!!!

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