CB whilst the child's BRP says No Public Funds

Dear Gurus,

I am here again to request for your kind help.

I received ILR around end of November 2021 and granted citizenship around mid July this year (2023).
My wife is eligible for ILR on 5 year route next year (2024) around end of February.
My 3.8 year old daughter (born outside UK around end of December 2019) will be eligible along with my wife for ILR next year February 2024.
We are expecting a second child in a month's time. This child will be a citizen by defautl.

I ended myself in a mess by applying for CB for my 3.8 year old daughter around September 2022 (Much after I received ILR). It is now clear to me that I was wrong in asuming at the time that I am eligible as the main claimant to claim CB though my daughter's BRP says "No Public Funds".

1) Will this affect my wife's ILR application?
2) Will this affect by daughter's ILR application?
3) How can I mend my situation? Possibly return the money to HMRC and stop the CB claim at once?
4) How much trouble am I in? Worst case scenario, she won't receive the ILR and could it affect my wife's ILR application?
5) if my daughter doesn't get the ILR, what are my options?
6) Should I apply for my wife's ILR first and then for my daughter? Would this help?
7) Lastly, can I claim for CB for my to be born child as he/she will be a citizen by birth?

Please help me. I am very upset with my poor research and judgment back when I was applying for CB. Let me know if any information is required to claify the situation.

Thanks and regards

Raheem

Hi All

May an expert please help me. I would really appreciate it.

Thank you in advance.

R

Assuming your child has no recourse to public funds, you claiming child benefit would not affect your wife’s ILR as she didn’t claim public funds, whether it affects your child, is more of a grey area, as I’ll explain:

There is a qualification in the rules which says:

“(i) a person (P) is not to be regarded as having…. recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P’s family sponsor unless, as a result of P’s presence in the UK, the family sponsor is (or would be) entitled to increased or additional public funds …” (other than tax credits)

A failure to observe a condition attached to permission to stay, such as ‘no recourse to public funds’, has immigration consequences. It can be grounds for cancelling (curtailing) leave and for deportation under s.10(1) of the Immigration and Asylum Act 1999 — and can be a criminal offence. You would be rightly concerned by this. However, the claimant is not the child it is the parent, in your case a parent who is not subject to immigration control. Therefore, arguably, there is not a breach of the NRPF condition attached to your child’s permission to stay by claiming because you are not the person with the condition.

Personally, I have never known any case where a child with NRPF has had their permission to stay in the UK cancelled because a benefits claim has been made by a parent who was eligible to claim. Therefore, i do not think you have anything to worry about.

Hi Amber,

Thank you so much for taking time to help me!

I feel a little at ease after two consecutive sleepless days and nights since I came across this issue.
Woud you suggest I still return the amount to HMRC and also mention this in her ILR application?
Would it also be better for me to hold off and not apply for CB in regards to my soon to be born child?

While I was digging more into the forum for other mistake usually made by immigrants and I came across council tax reduction. I have had my council tax reduced (single person discount) after my dependents' (my wife and child) skilled worker visa extension around the end of the last year. Could this potentially affect my wife's ILR application? The reduction was applied when my wife was travelling to India for a few months but I later completely forgot to update and since have been paying DD with reduced council tax rate.

I thank you again for your help and I would greatly appreciate if you may provide me with your valuable suggestions.

Kind regards

R

I wouldn’t worry about the child benefit claim and would just leave that. The council tax discount, they must be informed and you will owe the 25% for the period in which you were not entitled to a single person discount.

Hi Amber,

Thank you so much again!

I will continue with the CB then. I further will continue with the plan to access CB for my future british child.
Regarding council tax, I will immediately make arrangements for repayment. Should I mention this in my wife's application for ILR?

Kind regards

R

I don’t see it being relevant to mention. Just get the CT sorted out and any arrears owed paid.