Spouse Visa and Child Benefit

[cc]

Hi

I'm a uk citizen planning to get married to my fiancee this year. She and her 9 year old daughter are currently on student visas which don't expire for another 18 months. We've been living together for a year and in that time I have been claiming child benefit. It says on both their passports that they are not allowed access to public funds. I even wrote this on the child benefit form, but was approved under my name. My question is when she and her daughter apply for a spouse visa, later this year, will it go against them that I have been claiming child benefit. I noticed the question on the spouse visa form that is the sponsor claiming public funds and which ones.

Would it be easier to repay back everything I've claimed before applying for the spouse visa?

Thanks

Colin

[ppron747]

I don't think you have a problem, provided that you are the recipient of the payment, and not your fiancee. Try this link after business hours, when the appalling IND website is generally a bit more navigable - if I've got the right one, it should lead to their staff instructions on who can claim what.

[Added later] I've just checked that link (it only took 40 minutes to load...) and I'm slightly concerned by a paragraph that reads

In the case of a married couple where one of the partners is a British citizen or has permanent residence, the British spouse/permanent resident is entitled to claim child benefit under DWP regulations. This may also apply where a person from abroad is the spouse of an EEA national who has satisfied the Child Benefit Agency UK residence criteria. Where the only extra benefit being claimed is child benefit it should not be considered as additional recourse to public funds.

You'll notice that is specifically refers to "a married couple". I don't know whether this is sloppy drafting or if it means only married couples. I still suspect it'll be OK, but as you've got the time to do it, it might be worth writing to DWP and getting them to confirm in writing that it is within their regulations for you to claim CB for your fiancee/unmarried partner's child.

[Chess]

That is fine (so long as you are responsible for the child upkeep)

[cc]

Thanks for that. Has now put my mind at rest.

Cheers

Colin

[John]

CC, there is no problem .... as long as you are the Child Benefit claimant. Your partner must not be the Child Benefit claimant.

Also ... child tax credits! The claim for tax credits needs to be made jointly by a couple living together. However there is no problem the two of you jointly claiming tax credits. This is because of some "small print" in the tax credits legislation ..... reg. 3(2), Tax Credits (Immigration) Regulations 2003 ... which says that if one of the couple is a person not subject to immigration control (you) and the other person is a person subject to immigration control (your other half) then for Tax Credits purposes only you are both treated as not being subject to immigration control.

Accordingly a claim for tax credits is totally OK and will not affect any later visa applications.

[cc]

Thanks, I am the claimant for the child benefit so that sounds fine. I was laying off the tax credits as I thought that would be pushing it. But from what you say, I'll have a look at that.

Thanks for all your input

Colin