Not sure if wrongfully claiming Child Benefit

[sra]

Hi. I am on a work permit and from canada. I intend to apply for ILR in the coming months. However, I have been claiming Child Benefit. I always thought that I was elligible. But I am in serious doubt now. Am I wrongfully claming benefit and will this affect my application? Is there any way out of this mess? Repaying it back for example?

[John]

You are not wrongly claiming Child Benefit. You are allowed to claim, due to a reciprocal Social Security Agreement between Canada and the UK.

That agreement takes precedence over the condition of your visa, thanks to para 6B of the Immigration Rules.

However please confirm that you are not also claiming Tax Credits, because you have no right to claim Tax Credits.

[sra]

Hi. Thanks very much for your prompt reply. I am not claiming Child Tax Credit. Can I also know one more thing. My wife has already received her ILR and my daughter's passport has No Recourse to Public Fund. I am applying my daughter's citizenship. Will this be of any concern because I have been claiming child benefits?

[John]

There are two things to say. Firstly, because of the reciprocal Social Security Agreement, the Child Benefit is not Public Funds, And secondly the visa conditions apply to the claimant, not the person who is the subject of the claim. And your daughter is not the claimant.

How come your wife has her ILR, and not you, and in particular not your daughter?