Spouse Visa & Child Benefit

[flyguy]

If a person on a spouse visa has a child within the first two years in the UK, are they entitled to claim child benefit? Will this effect the conditions as it says no recourse to Public Funds. No other Public Funds will/due to be claimed.

[pads]

It depends whether they are married to a british citizen or not one would presume they would be but its not always the case.

If they are married to a British Citizen then the British Citizen should apply for the British Child as soon as it is born.

If there husband wife is not british then I think they have to wait till they have ILR before they can apply.

Love pads x

[flyguy]

Ok thanks - yes one partner is a British citizen.

[jeniferjohn]

A person, who is petitioning their spouse to the UK, needs to show adequate income to prove to home office that your spouse will not become a public charge. The min level of income is 105 pounds a week, left over after you pay rent, council tax and bills.
Although it is not impossible to have a successful petition for a spouse whilst you are drawing benefits, it is next to impossible and very difficult.
One thing that has happened recently, is the UK now allows for 3rd party sponsorship. If you can get someone, family preferably, who will stand up and say they will take responsibility for you husband and guarantee he won't use public benefits, then you will have a better chance at success.
These are things your solicitor should have already covered with you. IF your solicitor has not mentioned how difficult it can be to have a successful petition when you are using public benefits, then I would seriously consider finding another solicitor. One that KNOWS about immigration, and is not out just to take your money.