Child Benefit/ Child tax credits/ Working tax credits

[amyfss]

Hi there,

I am a british citizen and my husband of 5 years is Moroccan. We are currently preparing to apply for the UK settlement visa. We have just had a baby and as I cannot afford childcare to work on a full time basis I need to claim some kind of benefit to help us until my husband comes. I would like to know if I can apply for child benefit, child tax credits and working tax credits. We are unsure if applying for these will somehow affect his visa. (We have the required amount of savings which will permit us to get the visa)

Many Thanks

[Amber]

Yes you can, tax credits should be changed to a joint claim once your husband arrives.

Morocco nationals can also claim the following public funds even when subject to immigration control (subject to meeting the other requirements):

 Attendance allowance
 Carer’s allowance
 Child benefit
 Child tax credit
 Disability living allowance
 Personal independence payment.

See here (click) at page 20.

[amyfss]

Thank you for your quick and helpful response.

I have just come back from a free drop in session at a law centre which specialises in immigration and was given contradictory advice. I was told by the immigration lawyer that I could not claim tax credits as I am the wife/sponsor. When I returned from there I saw your positive response on this forum. I can see that you have responded and helped many applicants, but obviously I am a bit lost by what this lawyer has just told me. He was very adament that I couldn't apply.

I am sorry to ask again but could you please confirm that i won't risk a visa refusal by applying for this as we are afraid to do the wrong move.

Thank you so much for your valuable time.

[Amber]

The lawyer you saw in talking rubbish. The only thing is you can't use benefits to count as income for the Financial Requirement under Annex FM 1.7. However, you've covered that with savings you stated.

[amyfss]

Thank you for your confirmation. I didn't feel like he knew what he was talking about when I saw him, however, as he was part of the legal aid team I thought he should have known this. I feel confident with your advice and will be applying. A big weight of my shoulders. Thank you so much.