neil1960

Hi, I am the British spouse, my wife and 11 year old stepdaughter are here on a spouse/dependant visa (no recourse to public funds). FLR(M) due next year.

Can I claim child benefit for my step daughter?


Thanks

Saigon456

Yes, If the child is legally adopted then as a British citizen you have the right to claim child benefit, also child and working tax credits without effecting your wife's visa. If the child is British your wife can also claim child benefit as long as the funds are paid to you.

Your wife can also claim working and child tax credits as both members of the couple are treated as not being under immigration control for those specific benefits.

Info here:

https://www.gov.uk/government/upload...unds_v13.0.pdf

spouse of scouse

I don't this this is correct. Please read the 'public funds exceptions' section from the above link carefully. The general rule is that a person subject to immigration control with 'no public funds' cannot apply for nor receive child tax credits or working tax credits, both are public funds. There are a few exceptions, you'd need to be very sure that you fit into one of these exception categories or there'll be a breach of visa conditions, and difficulty in applying for FLR.

Your link has a clear explanation of what the British member of the couple can claim, but only in their name.

Saigon456

The exception looks pretty clear to me?

Page 20 of 62

Exception 5
Provided one member of a couple is not subject to immigration control, or is covered by one
of the exceptions to the general exclusion, the couple are treated as though:
• neither of them were subject to immigration control (as if the other partner were not
subject to immigration control)
• both of them were covered by the exception that applies to the other partner.
This exception applies to both tax credits, CTC and WTC

https://www.gov.uk/government/upload...unds_v13.0.pdf

neil1960

[QUOTE=Saigon456;12395262]Yes, If the child is legally adopted then as a British citizen you have the right to claim child benefit ][/QUOTE


I am a BC but my stepdaughter is not adopted by me .She is here on a child dependant visa (wife is on spousal visa). Does that mean I am unable to claim child benefit?

Saigon456

Good question. According to the CB guidance notes:

"If you’re not the child’s parent but you’re looking after the child, you can still claim Child Benefit. If you’ve a stepchild or a legally adopted child, they’re counted as your own child"

https://www.gov.uk/government/upload...efit_Notes.pdf

neil1960

As my stepdaughter is here on a dependant visa with my spouse, I can claim but would it effect my spouse future ILR?

Saigon456

I am hesitant to add anything more to this thread unless spouse of scouse confirms that I'm right regarding the previous back and forth. She is certainly more experienced than me and I wouldn't want to give anyone incorrect info.

BritInParis

Your wife will 'no recourse to public funds' until she obtains ILR. Child benefit is considered to be a public fund. If you, as a British citizen, are eligible to claim child benefit for your stepdaughter then you can do so in your own name but your wife cannot do so by herself.

neil1960

Thank you BritInParis.