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refused child benefit will it affect ILR application?

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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Ken_nek
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Laos

refused child benefit will it affect ILR application?

Post by Ken_nek » Mon Oct 08, 2018 5:16 pm

last 3 months ago my friend's application for child benefit was refused due to subject to immigration control. they thought they were entitled and they were under tier 2 visa but it was refused due to they are still subject to immigration control. Then by next year they are going to apply for ILR since they are already staying 5 yrs.

The question is are their application for ILR next year will be affected?

thanks and looking forward on your expert advise..

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CR001
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Re: refused child benefit will it affect ILR application?

Post by CR001 » Mon Oct 08, 2018 5:22 pm

Not sure how they thought they were eligible when their visa clearly state "No recourse to public funds".

It should not be an issue though as they did not receive public funds.
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Ken_nek
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Joined: Sat Oct 06, 2018 11:52 pm
Laos

Re: refused child benefit will it affect ILR application?

Post by Ken_nek » Mon Oct 08, 2018 5:28 pm

Hi CR001

Thanks for your expert advise, thats what I told them they did not received in any way any amount because it was refused..they were just confused since most of the health worker in the hospital advised them that they were entitled being a tax payer in this country so they applied mistakenly although refused.

but one of their friend advised them also that even application for child benefit although it was refused will adversely affect their ILR application, so they are worried.

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Re: refused child benefit will it affect ILR application?

Post by vinny » Tue Oct 09, 2018 12:20 am

It may have been more complicated if they were wrongly granted the child benefit (i.e. when the exceptions did not apply). Then, they would have had to pay it all back.

I agree with CR001. They didn't receive the child benefit (as asked in question 5.5).

Therefore, they did not violate 245HE.(d)(i) nor 319D.(b)(i), in relation to child benefit. End of story.
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Atif786
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Re: refused child benefit will it affect ILR application?

Post by Atif786 » Sat Jan 26, 2019 5:46 am

CR001 wrote:
Mon Oct 08, 2018 5:22 pm
Not sure how they thought they were eligible when their visa clearly state "No recourse to public funds".

It should not be an issue though as they did not receive public funds.
Hi CR001, can you help me with my queries in my post , I don’t know how to tag you in my topic so pasting the link here so plz be kind enough to read it and advise me accordingly

indefinite-leave-to-remain/child-benefi ... 73022.html
Atif

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