Damo666 wrote: ↑Thu Sep 21, 2017 10:31 pm
I saw a similar post on here a few minutes ago but can't find it now to post this.
I'm British, my son is British and my wife is Chinese.
Am I (not my wife) able to apply for child benefits and child tax credits based on my earnings only (my wife is a mother/housewife and doesn't work) without affecting her second 2.5 year spouse visa?
Any advice would be most appreciated. Many thanks.
As you and your son are British nationals it is your entitlement to the public funds, your wife however will most likely have the "no recourse to public funds" or "no public funds" condition added to her leave conditions and would be under immigration control.
Regarding the actual benefits, as these benefits are for the child only it is better to claim under the British national and not the dependant, in your case, you.
Again you are better to phone and ask the benefit call centre on this.
The only thing I'm hesitant in answering is how would the financial requirements be then met as I believe your wife wouldn't be exempt from this requirement, but then again taken the child into account and the British nationals claiming of any benefits they might count that towards as income and allow it.
Further clarification would be needed....
