ILR Visa for Spouse

[27sumit]

Hi there,
I obtained my ILR in October 2016 after completing 5 years in the UK as tier 1 (general) visa candidate.
My wife and kid has been living with me as dependent in the UK and their 5 years will complete in august 2017.
Here are couple of questions, if you may help:
1.) I started claiming child benefit for my kid after i got my ILR, now I am planning to file ILR for my wife, I read somewhere now that ILR of dependent wont go through, if main partner who is on ILR has recoruse to public fund (child benefit in this case). IS that true? What should I do now. Can I return whatever benefit I claimed post october 2016 and stop claiminig any further child benefit until my spouse gets her ILR?

2.) Do I also need to apply for ILR for my kid (6 years old who was born outside the UK) when he completes 5 years of his stay in the UK this august 2017? Because another rule which I read was that if one of the parents obtain british nationality via naturalisation process (like mine) , and other parent in ILR, kids born outside the UK can directly be registered as british citizen? In which case, can I not skip his ILR application to save some money?

thanks

[CR001]

1.) I started claiming child benefit for my kid after i got my ILR, now I am planning to file ILR for my wife, I read somewhere now that ILR of dependent wont go through, if main partner who is on ILR has recoruse to public fund (child benefit in this case). IS that true? What should I do now. Can I return whatever benefit I claimed post october 2016 and stop claiminig any further child benefit until my spouse gets her ILR?

If you are claiming child benefit in YOUR name, then there is no issue for your wife's ILR.

2.) Do I also need to apply for ILR for my kid (6 years old who was born outside the UK) when he completes 5 years of his stay in the UK this august 2017? Because another rule which I read was that if one of the parents obtain british nationality via naturalisation process (like mine) , and other parent in ILR, kids born outside the UK can directly be registered as british citizen? In which case, can I not skip his ILR application to save some money?

You should apply for ILR for the child, this is expected for a BC registration at discretion.

[27sumit]

1.) I started claiming child benefit for my kid after i got my ILR, now I am planning to file ILR for my wife, I read somewhere now that ILR of dependent wont go through, if main partner who is on ILR has recoruse to public fund (child benefit in this case). IS that true? What should I do now. Can I return whatever benefit I claimed post october 2016 and stop claiminig any further child benefit until my spouse gets her ILR?

If you are claiming child benefit in YOUR name, then there is no issue for your wife's ILR.
thanks,
But the application letter say that neither dependent who are applying for ILR, nor main partner who is on ILR should have recourse to public fund (which included child benefit), if dependent is to obtain ILR.

2.) Do I also need to apply for ILR for my kid (6 years old who was born outside the UK) when he completes 5 years of his stay in the UK this august 2017? Because another rule which I read was that if one of the parents obtain british nationality via naturalisation process (like mine) , and other parent in ILR, kids born outside the UK can directly be registered as british citizen? In which case, can I not skip his ILR application to save some money?

You should apply for ILR for the child, this is expected for a BC registration at discretion.

Thanks,Oh, I called UKVI and they said that it should be fine , if one parent obtain british citizen and other ILR to registed kid born outside the UK.
I am confused. Its a big amount of 2297 . is there any email address of them, where i can obtain something in writing.?

[Casa]

CR001 is correct and as is frequently the case, the UKVI 'helpline' frequently give incorrect advice, even on the simplest of immigration issues.

My understanding is that the 'helpline' service is outsourced to an agency, whose staff are seriously lacking in their understanding of the Immigration Rules and the British Nationality Act.

[CR001]

And we have seen many refusals of BC for children who are born abroad with parents thinking they can save money. Only a small number of successes.

You need to remember that once your child's visa expires and he DOES NOT have ILR, the child will have no status in the UK.

[vinny]

Not just child with no status. Child would be an overstayer, with associated problems.

[27sumit]

Hi Guys,
thanks for all the information.

But are we pretty pretty sure that if I am on ILR and claiming child benefit under my name, then my dependants (child and spouse) ILR application will be accepted?

Or should I return the benefits claimed so far. Because ILR dependent form does state following :

"Neither the main partner who is on ILR or the dependents for whom ILR application is filed should have recourse to public fund".

many thanks

[CR001]

But are we pretty pretty sure that if I am on ILR and claiming child benefit under my name, then my dependants (child and spouse) ILR application will be accepted?

If you hold ILR then you are ENTITLED to claim child benefit in YOUR Name, no effect on spouse/child ILR application.

Or should I return the benefits claimed so far. Because ILR dependent form does state following :

"Neither the main partner who is on ILR or the dependents for whom ILR application is filed should have recourse to public fund".

Where does this quote come from, provide the link and page number?

What 'ILR Dependent' form do you mean??