Child benefit related question

[adnan01]

Hi,

I am going to apply EEA family permit very soon from Dubai. My wife in the UK is claiming child Benefit. She is excercising her treaty rights as a student and she is not working at the moment. However, she worked in the UK since 2006 until our daughter was born in year 2009 in UK. That time for A8 nationals there was requirement to register on WRS which she did not register but now WRS is abolished. But she do have an NI number and tax paying record.

So my Question is about her eligibility whether she is eligible to get child benefit for our child or not.

Secondly, providing I get an EEA family permit, my plan is to come back to the UK by early February to join my family. In Child benefit form PFA1 which she just recieved from HMRC after initial assestment, it ask for husband or partner details. Shall we mention my details? Can we give details of Dubai that I am currently here and will be joining her in February? or she apply as single? because I am not there in the Uk!!.

Claiming child benefit, will this have any negative impact on my EEA family permit application? I suppose NO but will be very grateful for comments to clarify this.

If there is anything I have asked which is already discussed in this blog then I apologise in advance as I couldn't find my case related info specifically.

KINDLY COMMENT.

Thanks

[John]

Sorry I have only just spotted this, so apologies for the delay in replying.

Your wife is an EEA national, exercising Treaty Rights in the UK, so entitled to claim benefits in the UK such as Child Benefit and Tax Credits.

Child Benefit is claimed by just one person. As you are not in the UK I think she should omit your details. Tax Credits must be claimed jointly by a couple living together but that currently does not apply, so she should make a sole claim. Then when you get to the UK and start living with your wife, the Tax Credits claim must be put into joint names.

Does your wife have Comprehensive Sickness Insurance?

[adnan01]

Dear John,

Thank you very much for your reply.

Yes, my wife does have CSI. We recently took the insurance out for her because I have just applied EEA family permit and CSI is one of the requirement. Why did u ask? any reason related to child benefit?

I would appreciate if I can ask you one more question. My wife moved to the UK in 2006 and she worked but did not registered on WRS as she was not aware of this requirment. But we found out when she was already pregnant with our child and she left work and since then she is not working. In 2009 she registered as a student and obtained Registration certificate. Now its over 5 years she is living in the UK, is there any possibility she can try to apply for permanent residence or it has to be considered based on her actual registration certificate? I know this question is completely different from my previous post. Kindly advise me or tell me if I should comment this in seperate blog section.

Many thanks.

[boloney]

Dear John,

Thank you very much for your reply.

Yes, my wife does have CSI. We recently took the insurance out for her because I have just applied EEA family permit and CSI is one of the requirement. Why did u ask? any reason related to child benefit?

I would appreciate if I can ask you one more question. My wife moved to the UK in 2006 and she worked but did not registered on WRS as she was not aware of this requirment. But we found out when she was already pregnant with our child and she left work and since then she is not working. In 2009 she registered as a student and obtained Registration certificate. Now its over 5 years she is living in the UK, is there any possibility she can try to apply for permanent residence or it has to be considered based on her actual registration certificate? I know this question is completely different from my previous post. Kindly advise me or tell me if I should comment this in seperate blog section.

Many thanks.

Because she is a student she need csi to exercise Treaty Rights in the UK.

[adnan01]

Thanks for your reply

yes she does have CSI and registration certification. She is exercising her treaty rights as a student since 2009

[John]

Now its over 5 years she is living in the UK, is there any possibility she can try to apply for permanent residence or it has to be considered based on her actual registration certificate?

Based upon what you have posted, in particular :-

my wife does have CSI. We recently took the insurance out for her

-: she has only recently started to exercise Treaty Rights in the UK. So no possibility of getting PR, for years!

[adnan01]

So you mean even though you have registration certificate but not CSI for the whole period then you are NOT exercising treaty rights?....She cancelled her last CSI in January this year...and Got another one now...so does it mean all the time since January she did not exercise treaty rights?....thats diabolical!...Please let me know if I have understood you correctly..

Many Thanks,