Child Benefit under spouse name

[ZahFat]

Hi

I have three kids and my hubby and kids are all British but I'm Pakistani national on 5 year spouse route. My hubby was claiming child benefits as well as child tax credits and all our names are on the claim. Recently he was redundant from job. And he may leave the UK to search job overseas.

Myself and kids will be staying in the UK. Can I apply (or simply my hubby tell HMRC, he is leaving the UK temporarily and transfer) the benefits under my name)?

If this is not possible and hubby not around then which type of benefits can I apply for three kids staying with me?

Thanks for your advice and help

ZahFat

[CR001]

No, you are not permitted to claim any benefits in your name on a spouse visa.

If he leaves the UK, his benefits will also be stopped.

Remember also that your spouse visa status in the UK is dependent on your British spouse being present and settled in the UK.

[ZahFat]

Thanks very much.

If he leaves the UK and I'm staying with kids in the UK would I be consider illegal even though my spouse visa still has not expired and we are in genuine relationship and he visits us time to time? Thanks again

[ZahFat]

And also if kids with British nationality are staying in the UK, who can claim benefits for them or how their maintenance costs can be met?

Sorry for my poor English wording.

[CR001]

Only a person with ILR or someone who is British can claim British. However, British children cannot claim, only a parent can claim for the children but you cannot claim as you don't have ILR.

Why can your husband not find a job in the UK??

[CR001]

Thanks very much.

If he leaves the UK and I'm staying with kids in the UK would I be consider illegal even though my spouse visa still has not expired and we are in genuine relationship and he visits us time to time? Thanks again

How long is your husband planning to remain outside the UK??

For visa and ILR, you have to prove that you live together in the UK and meet the financial requirements with a UK job and salary.

[ZahFat]

Thank you very much.

He will stay 6 months outside as he got job contract overseas. The reason of his move to outside the UK is he is redundant from work last week. The move is not by choice!!

Thanks again

[ZahFat]

But I checked on the child benefit and child tax credit claims both of our names are present on the claim even though I am not on ILR or British.

[CR001]

But I checked on the child benefit and child tax credit claims both of our names are present on the claim even though I am not on ILR or British.

Yes, that would be correct but YOU are not the one claiming, your husband is. If he leaves the UK, he MUST inform the benefit office and the benefits will be stopped. Failing to do so can be seen as benefit fraud.