Child Benefit for Child

[NicholasJoe]

You can claim yes as you hold ILR.

Sorry to bother you CR001, I have got a very similar issue here and hope you could spare some time to answer it please... I am currently holding ILR in the UK, and my child was born in the UK (before I got my ILR) however we didn't apply UK passport for him instead sent him back to homeland. Hence, my child and husband are both holding Pakistan passport. They had successfully applied the ILR spouse visa (33 months) and back to the UK with me 3 months ago. My question is, can I apply child benefit(CB) under my name? If i apply the CB, will this affect my husband and child's spouse visa's extension application after 30 months later? Thanks in advance!

[NicholasJoe]

You can claim yes as you hold ILR.

Very sorry CR, I forgot to mention that I don't have UK passport as well...I just having the ILR here

[CR001]

Yes you can claim in your name as you hold ILR. No effect on your spouse's visa.

You do realise you can still register your child as British on form MN1 as he is entitled to register having been born in the UK.

[NicholasJoe]

Yes you can claim in your name as you hold ILR. No effect on your spouse's visa.

You do realise you can still register your child as British on form MN1 as he is entitled to register having been born in the UK.

thanks very much for your info CR, you are so sweet! Also thanks for your kind reminder of the British register for the Child - however, we are still struggling about this so probably not doing this at the moment.

I am seeing the HO website page's spouse visa extension section saying "You need to show you and your family have enough money to adequately support and accommodate yourselves without relying on public funds. The caseworker considers your income and housing costs." That's why I am worrying about my husband's spouse visa extension after 30 months as CV is a kind of public funds isn't it? this is so confusing....

[NicholasJoe]

Yes you can claim in your name as you hold ILR. No effect on your spouse's visa.

You do realise you can still register your child as British on form MN1 as he is entitled to register having been born in the UK.

thanks very much for your info CR, you are so sweet! Also thanks for your kind reminder of the British register for the Child - however, we are still struggling about this so probably not doing this at the moment.

I am seeing the HO website page's spouse visa extension section saying "You need to show you and your family have enough money to adequately support and accommodate yourselves without relying on public funds. The caseworker considers your income and housing costs." That's why I am worrying about my husband's spouse visa extension after 30 months as CB is a kind of public funds isn't it? this is so confusing....

Sorry i should say CB not CV in above post - i have corrected it now. Do you or does anyone have ideas about the article i quote from HO website please?

[CR001]

You can claim child benefit in your name as you hold ILR.

You are perhaps overthinking this tiny aspect.

[dsteinway]

I claim child benefit and have ILR. Just wanted to mention other aspect above regarding a response saying you can register your child as British. When I went to register my child as such, I had to prove her father was British. It was not enough for her simply to be born here.

[CR001]

I claim child benefit and have ILR. Just wanted to mention other aspect above regarding a response saying you can register your child as British. When I went to register my child as such, I had to prove her father was British. It was not enough for her simply to be born here.

Not sure what 'registration' you are referring to in your comment. A child born to a British parent is British. The poster in this topic has different circumstances and would have to register the child as a British citizen (not register the birth at the Registry office).

[Everyday4u]

I claim child benefit and have ILR. Just wanted to mention other aspect above regarding a response saying you can register your child as British. When I went to register my child as such, I had to prove her father was British. It was not enough for her simply to be born here.

Not sure what 'registration' you are referring to in your comment. A child born to a British parent is British. The poster in this topic has different circumstances and would have to register the child as a British citizen (not register the birth at the Registry office).

@CR001:
Sorry to interrupt but i understood this post as the person was on Some sort of VISA (Limited Leave to Remain) when the child was born and went back to applicant home country. As per my understanding, any child born in UK to a parent(s) before ILR is not automatically British Citizen.
Therefore, in her situation the child has no privilege to apply for MN1 (British Citizen). Child re-entered in the UK as dependent of Spouse VISA and needs to live in UK for 5 years to apply for ILR.
I am sure the child has condition on his Biometric (No Resource to Public Fund) same as his father because both entered with Limited Leave to Remain on Spouse Visa.

The enquirer "Nicholas Joe" wanted to inquire if there could be any problem apply FLR for child and husband if she claims Child Benefit being as ILR holder knowing that child is on (No Resource to Public Fund)? Would it be breach of Immigration condition if she takes child benefit?

[CR001]

I claim child benefit and have ILR. Just wanted to mention other aspect above regarding a response saying you can register your child as British. When I went to register my child as such, I had to prove her father was British. It was not enough for her simply to be born here.

Not sure what 'registration' you are referring to in your comment. A child born to a British parent is British. The poster in this topic has different circumstances and would have to register the child as a British citizen (not register the birth at the Registry office).

@CR001:
Sorry to interrupt but i understood this post as the person was on Some sort of VISA (Limited Leave to Remain) when the child was born and went back to applicant home country. As per my understanding, any child born in UK to a parent(s) before ILR is not automatically British Citizen.
Therefore, in her situation the child has no privilege to apply for MN1 (British Citizen). Child re-entered in the UK as dependent of Spouse VISA and needs to live in UK for 5 years to apply for ILR.
I am sure the child has condition on his Biometric (No Resource to Public Fund) same as his father because both entered with Limited Leave to Remain on Spouse Visa.

The enquirer "Nicholas Joe" wanted to inquire if there could be any problem apply FLR for child and husband if she claims Child Benefit being as ILR holder knowing that child is on (No Resource to Public Fund)? Would it be breach of Immigration condition if she takes child benefit?

You are wrong. A child born in the UK will always have an entitlement to register as British till the age of 18 regardless if they have a visa. The child does not require ILR.

The child does not claim, it is the parent holding ILR that claims.

[Everyday4u]

I claim child benefit and have ILR. Just wanted to mention other aspect above regarding a response saying you can register your child as British. When I went to register my child as such, I had to prove her father was British. It was not enough for her simply to be born here.

Not sure what 'registration' you are referring to in your comment. A child born to a British parent is British. The poster in this topic has different circumstances and would have to register the child as a British citizen (not register the birth at the Registry office).

@CR001:
Sorry to interrupt but i understood this post as the person was on Some sort of VISA (Limited Leave to Remain) when the child was born and went back to applicant home country. As per my understanding, any child born in UK to a parent(s) before ILR is not automatically British Citizen.
Therefore, in her situation the child has no privilege to apply for MN1 (British Citizen). Child re-entered in the UK as dependent of Spouse VISA and needs to live in UK for 5 years to apply for ILR.
I am sure the child has condition on his Biometric (No Resource to Public Fund) same as his father because both entered with Limited Leave to Remain on Spouse Visa.

The enquirer "Nicholas Joe" wanted to inquire if there could be any problem apply FLR for child and husband if she claims Child Benefit being as ILR holder knowing that child is on (No Resource to Public Fund)? Would it be breach of Immigration condition if she takes child benefit?

You are wrong. A child born in the UK will always have an entitlement to register as British till the age of 18 regardless if they have a visa. The child does not require ILR.

The child does not claim, it is the parent holding ILR that claims.

You mean to say if a couple on Student Visa give birth to a child in UK and that child would be British Child by birth because he is born on British Land? In same way A refugee Child shall be British if he born on British Soil and list goes on and on... An illegal immigrant give birth to a child with another illegal immigrant or person with Limited leave to remain shall have British Nationality by Birth?
Wow... How easy it would be for all of these people to get settled in UK based on their British child. A student, or Refugee, illegal immigrant, Tier 1, 2, 3, 4 and 5 shall all get settled status much faster because of their children born in Britain?
I doubt it CR001 upon what you are saying.

Only the child of ILR holder or British Citizen or may be EEA nationals have right to registered their child as British when they born in UK. Not everyone.

[CR001]

You are wrong. A child born in the UK will always have an entitlement to register as British till the age of 18 regardless if they have a visa. The child does not require ILR.

The child does not claim, it is the parent holding ILR that claims.

You mean to say if a couple on Student Visa give birth to a child in UK and that child would be British Child by birth because he is born on British Land? In same way A refugee Child shall be British if he born on British Soil and list goes on and on... An illegal immigrant give birth to a child with another illegal immigrant or person with Limited leave to remain shall have British Nationality by Birth?
Wow... How easy it would be for all of these people to get settled in UK based on their British child. A student, or Refugee, illegal immigrant, Tier 1, 2, 3, 4 and 5 shall all get settled status much faster because of their children born in Britain?
I doubt it CR001 upon what you are saying.

Only the child of ILR holder or British Citizen or may be EEA nationals have right to registered their child as British when they born in UK. Not everyone.

No, that is not what I have said. Read what I have written again. A UK born child can be registered as British on form MN1 once EITHER parent is granted ILR whether the child has a visa or not.

You are clearly confusing a number of the different citizenship aspects. I have not said anywhere that a child born to foreign parents who do not have ILR is automatically British.

If you have your own questions based on your own circumstances, kindly start your own topic instead if tagging onto someone else's thread.