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Claiming Child Benefit on ILR - OK?

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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ploptopp
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Claiming Child Benefit on ILR - OK?

Post by ploptopp » Mon Aug 13, 2018 9:09 pm

My wife recently received her ILR. Previously, on the spouse visa, we (as a couple) had "no recourse to public funds."

My impression is that she and I are now eligible for benefits. Am I correct that we can now claim child benefit?

And, if so, does it matter which of us does so. Me (British) or her (non-EU with ILR)?

(We just want to make sure that her citizenship application won't be negatively affected if we have claimed benefits while she is on ILR status).

Thanks.

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CR001
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Re: Claiming Child Benefit on ILR - OK?

Post by CR001 » Mon Aug 13, 2018 9:11 pm

You can claim in either name if she holds ILR.

You as British could have claimed before even if she was on a spouse visa with no effect on her visa
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ploptopp
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Re: Claiming Child Benefit on ILR - OK?

Post by ploptopp » Mon Aug 13, 2018 9:21 pm

Thanks for the super quick response.

In terms of claiming child benefit while on a spouse visa, form FLR (M) states that "Specified evidence of meeting the financial requirement, or if not required to meet the income threshold element, evidence of your finances including; Bank statements, building society savings books, pay slips or other formal documents as evidence of you and your sponsor’s ability to maintain and accommodate yourselves and any dependents without recourse to public funds."

Since child benefit is a "public fund", my impression is that claiming it would negatively effect the progression from the spouse visa to the ILR. Have I misunderstood?

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CR001
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Re: Claiming Child Benefit on ILR - OK?

Post by CR001 » Mon Aug 13, 2018 9:23 pm

You have misunderstood. You as British could have claimed child benefit in your name as you are entitled to. You could also have claimed chikd tax credits, if applicable, in JOINT names with your spouse and it would not have affected her spouse visa at all. These are permitted.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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