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Claim Child benifit

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

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

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djwinter
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Joined: Tue Mar 09, 2010 12:57 pm

Claim Child benifit

Post by djwinter » Tue Mar 09, 2010 1:12 pm

Both my wife and me are Chinese,we have had a baby last year, we are both under Visa which clearly state "No resource to public fund ", However, because my wife previously work in Canada, and get P.R. in Canada, so we go to claim child benifit.

A bit concern if this will make any trouble in more than 1 years when we try to apply ILR.

Have we breach any of the immigration law? if not, which sort of document we need the keep to submit with ILR in the future?

Thanks in advance

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Tue Mar 09, 2010 1:35 pm

What is the connection between being PR in Canada and working in Canada have to do with immigration law of the UK and benefits you can claim?

djwinter
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Posts: 3
Joined: Tue Mar 09, 2010 12:57 pm

Post by djwinter » Tue Mar 09, 2010 1:43 pm

mochyn wrote:What is the connection between being PR in Canada and working in Canada have to do with immigration law of the UK and benefits you can claim?
For Chinese citizen, we are not allowed for Child benifit,
but because my wife someone previously work in Canada, she can claim Child benifit as what I understand, I need a sort of make sure my understand is correct.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Tue Mar 09, 2010 5:07 pm

mochyn wrote:What is the connection between being PR in Canada and working in Canada have to do with immigration law of the UK and benefits you can claim?
Reciprocal Agreements. If the someone has contributed to the Canadian (and others) SS system it reciprocates to the UK and vice versa.

So, assuming the OP's missus contributed to the Canadian welfare system she can claim UK benefit.
An chéad stad eile Stáisiún Uí Chonghaile....

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

Post by John » Tue Mar 09, 2010 5:21 pm

djwinter, your claim is totally OK, as para 6B of the Immigration Rules is in play here. The relevant part of 6B says "... a person (P) shall not be regarded as having recourse to public funds .....".

But whilst Child Benefit is OK, also claiming Tax Credits is not.
John

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Tue Mar 09, 2010 6:33 pm

Wanderer wrote:
mochyn wrote:What is the connection between being PR in Canada and working in Canada have to do with immigration law of the UK and benefits you can claim?
Reciprocal Agreements. If the someone has contributed to the Canadian (and others) SS system it reciprocates to the UK and vice versa.

So, assuming the OP's missus contributed to the Canadian welfare system she can claim UK benefit.
Thank you for your input

Tim555
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Posts: 532
Joined: Thu Feb 11, 2010 1:36 am
Location: London

Post by Tim555 » Wed Mar 10, 2010 7:07 am

John wrote:djwinter, your claim is totally OK, as para 6B of the Immigration Rules is in play here. The relevant part of 6B says "... a person (P) shall not be regarded as having recourse to public funds .....".

But whilst Child Benefit is OK, also claiming Tax Credits is not.
Great reply John. This is something new and very informative for me.
Each and every one of us can make a difference. All right everyone, line up alphabetically according to your height.

djwinter
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Posts: 3
Joined: Tue Mar 09, 2010 12:57 pm

Post by djwinter » Wed Mar 10, 2010 7:49 am

John wrote:djwinter, your claim is totally OK, as para 6B of the Immigration Rules is in play here. The relevant part of 6B says "... a person (P) shall not be regarded as having recourse to public funds .....".

But whilst Child Benefit is OK, also claiming Tax Credits is not.
Thanks John.

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