Spouse visa for EEA citizen claiming child benefit

[wraith]

Hi

I am a British citizen who has been married to a Polish woman these last two years. We have a 19 month old baby for which my wife has been claiming child benefit and jointly we have claimed Child Tax Credit which is being paid into my wife's bank account.

My wife wants to apply for further leave to remain (Spouse) under UK immigration law in order to take advantage of ILR after two years instead of five under EC law, (ultimately my wife wnts to apply for naturalisation).

As my wife is an EEA national is she permitted to claim Child Benefit if she is going to apply for a spouse visa? Should we transfer the Child Benefit claim to my name; or is this claim permitted?

Any info would be appreciated.

[wraith]

Anyone?

[olisun]

I am not sure if a polish citizen is allowed to claim child benefit and if not, then how did the authorities let her claim that in the first place...

better call the benefits office and check... but call 2 -3 times and try to speak to different people as sometimes you get different answers

[JAJ]

I am not sure if a polish citizen is allowed to claim child benefit and if not, then how did the authorities let her claim that in the first place...

better call the benefits office and check... but call 2 -3 times and try to speak to different people as sometimes you get different answers

From: http://www.hmrc.gov.uk/taxcredits/residence-rules.htm

Who has the right to reside in the UK?

The following groups have a right to reside in the UK when claiming CTC and Child Benefit and, depending on the full facts of their case, should be entitled to such support:

* all UK nationals and those who have a right to reside in the Common Travel Area (which covers the UK, the Republic of Ireland, the Channel Islands and the Isle of Man), by virtue of the Immigration Act 1971;
* all EEA workers legally working in the UK – there are special rules for A8 nationals (see Annex);
* all work-seekers from the pre-1 May 2004 EEA Member States, Cyprus and Malta who have a reasonable chance of finding work; and
* third country nationals with indefinite leave to remain in the UK.

The following groups only have a right to reside in the UK when claiming CTC and Child Benefit if they have sufficient resources not to become a burden on the social assistance system of the UK:

* all A8 nationals who are looking for work, including an A8 worker who loses his or her job before having worked in the UK lawfully and uninterruptedly for 12 months and is without another job for a period of more than 30 days; and
* all EEA (including A8 ) nationals who are economically inactive.

In these cases, all the claimant’s personal circumstances are taken into account when deciding whether he or she is self-sufficient. Such factors could include whether or not that person had claimed social assistance from the Department for Work & Pensions in Great Britain or the Department for Social Development in Northern Ireland (i.e. Income Support, income-based Jobseeker’s Allowance and State Pension Credit).

Sloppy wording though - not all "UK nationals" have the right to live in the UK!

[wraith]

Thanks for the replies.

As I support my wife (she has the hard job of looking after our child) does that make her 'economicaly self sufficent' or 'economicaly inactive'. What I am trying to get at is we do not claim any other benefits except Child Benefit and Child Tax Credits, that is not I would think an overdue burden on the state?

[John]

Wraith, in order to cut out any possible problem, there is a very easy solution to this problem, if indeed it is a problem at all.

That is, your wife should withdraw her claim for Child Benefit, and then you should claim exactly that same benefit. Child Benefit is a one-claimant type of benefit and either parent is entitled to claim. It is merely a convention in most families that the wife/female partner claims the Child Benefit, but there is nothing in Child Benefit law to say it has got to be that way.

Tax Credits? As you are British there is no problem you and your wife jointly claiming Tax Credits. The small print permitted that, in your circumstances, is in reg 3(2), Tax Credits (Immigration) Regulations 2003. That says that where a couple consist of one person who is not subject to immigration control (you) and one person who is (your wife, well certainly if she has a 2-year spouse visa) then for Tax Credits purposes only both are treated as not subject to immigration control ... hence a claim is totally OK for you.