ILR public Fund enquiry

[narora]

Hi,

I am a british citizen,my wife and one child are in uk on spouse visa. My child was not born here. I am claiming child benefit for my daughter , i did explain the circumstances to HMRC and they said you are eligible even if your child is under immigration control. Despite of several request they refused to give this in writing. My wife has to apply for ilr in jan 12 and i am concerned about us breaching the visa condition. Can anyone please clarify this ?

[John]

I am claiming child benefit for my daughter , i did explain the circumstances to HMRC and they said you are eligible even if your child is under immigration control.

HMRC have correctly advised you.

But I don't understand given you write about "my daughter", why is your daughter, you think, under immigration control?

Are you the biological father of the girl, and if so, when was she born? Month and year.

You ask about Child Benefit, but what about Tax Credits? If the family income is too much, fair enough, but otherwise please confirm that Tax Credits are being claimed, and if yes, who is/are the claimant(s) for Tax Credits?

[narora]

Thanks for your reply John.

My child(daughter) is on dependant visa thats why she is under immigration control. She was born in India in July 2000 and I got my citizenship in Dec 2010.

I am not convinced that HMRC is right becasue the visa says "no recourse to public fund.

Detail reply will be much appreciated. i have not applied for any other benefit

Regards

[John]

There are a number of points arising from your post. Firstly, as regards :-

I am not convinced that HMRC is right becasue the visa says "no recourse to public fund.

-: you need to ask yourself, who is the claimant? Will the claimant be your daughter? No! Accordingly you are worrying unnecessarily. You are British, and perfectly entitled to claim whatever benefits your circumstances dictate you are entitled to.

Secondly, your daughter was born before you became British, and was born outside the UK. But now you are British, and your daughter is living in the UK. She is 11 years old. As soon as she has here own ILR, presumably next January, it will be possible to apply for her to be registered as British, under section 3(1). There is no need to delay further, given you are already British.

Actually, question, was her visa issued as Indefinite Leave to Enter?

Thirdly, I mentioned Tax Credits. Could you please answer that aspect.

Fourthly, you say that your daughter is on a "dependant visa". However I suspect she is on a Child Settlement visa, obtained after you got your own ILR. Is that correct?

[narora]

Actually, question, was her visa issued as Indefinite Leave to Enter?

Thirdly, I mentioned Tax Credits. Could you please answer that aspect.

Fourthly, you say that your daughter is on a "dependant visa". However I suspect she is on a Child Settlement visa, obtained after you got your own ILR. Is that correct?
_________________
Thanks John,

She has got the 2 years visa expiring in Jan 12 because she applied with my wife whilst applying for spouse visa.

I have not claimed tax credit at all as yet .

Yes,my daughter got the visa after me getting ILR.

I have spoken to couple of immigration consultants on the phone and they say I should not have claimed for my daughter in the first place and the best thing will be to stop and return the money ASAP. According to them its breach of visa condition as the visa says "no recourse to Public funds"

Have you read anything to support you argument and could you please advise where can I find.

I hope I have clarified you questions



Regards

[John]

She has got the 2 years visa expiring in Jan 12 because she applied with my wife whilst applying for spouse visa.

Are the words "Indefinite Leave to Enter" mentioned on your daughter's visa?

I have not claimed tax credit at all as yet .

Then you and your wife should jointly submit a claim for Tax Credits as soon as possible. Unless the family income is over the limit for Tax Credits.

I have spoken to couple of immigration consultants on the phone and they say I should not have claimed for my daughter in the first place and the best thing will be to stop and return the money ASAP. According to them its breach of visa condition as the visa says "no recourse to Public funds"

I am appalled by the lack of knowledge, but then I have to say that I am not totally surprised. If there is one aspect that immigration consultants tend to be weak on it is the interaction of immigration law and benefit law.

Have you read anything to support you argument and could you please advise where can I find.

I am not going to repeat the technical arguments here. After all they have been discussed numerous times on this board. But I point you towards the pinned topics in this Claiming Benefits section of this board.

[narora]

Are the words "Indefinite Leave to Enter" mentioned on your daughter's visa?

John,

Limited leave to remain is written on her visa. She has to apply for ILR after 2 years with my wife.

Can you please refer to some website which clarifies, there is bound to be some if you are that confident. This will bring my mind to rest

Many thanks for your time & help.

Regards

[John]

Have you read anything to support you argument and could you please advise where can I find.

I am confident that if you read and understand the technical arguments in the pinned topics already mentioned your mind should bring your mind to rest. Those topics include links to some UKBA documents.

To immigration consultants giving false information I would say ... why are you ignoring para 6B of the Immigration Rules?

Limited leave to remain is written on her visa. She has to apply for ILR after 2 years with my wife.

I think she should have been given ILE, and even now you could get her visa corrected, and save yourself the cost of applying for your daughter's ILR.