pritzy_18 wrote:hi there, I am an Irish with Irish passport living in UK for more than 20 years now. I split up with my gf, non brit/eu national with PSW passport, and we have a child who is a month old.
my questions are:
1. can my gf claim benefits (child benefits) for our child, despite of the "no recourse to public funds" on her passport/visa.
2. If no, can I still claim the benefits for my child even if im not the main carer and leave 200miles away from my child?
can anybody help me with this matter. Thank you!
For domestic law then as your (ex)partner has 'NRPF' she is breaching her immigration restrictions if she claims public funds. For EU law if she has the right to reside she could claim benefits. However, I think it would be difficult to establish that considering you were not married even though you may have been in a relationship, I assume she did not apply for an EU residence card? Although she may be able to argue that she is the primary carer of the child thus continues to have the R2R (Chen case).
You can not claim benefits for the child (ChB and CTC) unless you were responsible for the child. Now although the child will not be living with you, if you are contributing towards the cost of supporting the child that should suffice and you should be able to apply for benefits for the child. I suggest a visit to your local CAB if you require further advice.
