Foreign Child Benefit claim and future ILR

Old Dec 27th 2017, 5:35 pm
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Default Foreign Child Benefit claim and future ILR

Rather than hijack someones thread, I will ask the question here.

As a British Citizen I can legaly claim child benefit for my foreign born stepdaughter who is here on a 30 month dependant visa with spouse.
(spouse visa is also 30 months).

My question: will claiming this benefit in my own name effect my spouse or step daughter future FLR(m) or ILR? I have read the guidance rules and am confused.

Paragraphs 6A and 6C of the Immigration Rules explains what the position is when an applicant is not claiming public funds themselves but their sponsor relies on public funds

If a sponsor needs to claim more public funds to support the applicant, you must refuse the application. For example, if the sponsor claims income-based jobseeker’s allowance and this would increase if their dependant was granted leave as their spouse. You must refuse the application under the relevant paragraph of the category under which leave is being sought with reference to paragraph 6A of the rules.

If the sponsor needs to claim more public funds to support the applicant but these are funds the sponsor and dependant would be jointly entitled to you must not refuse the application. For example, if the increased funds fall under the tax credits regulations, such as Working or Child Tax Credits, then you must not regard the applicant as having accessed public funds.

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Old Dec 27th 2017, 5:48 pm
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Default Re: Foreign Child Benefit claim and future ILR

This is the part I do not quite understand

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially 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 sponsor unless, as a result of P’s presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor’s joint entitlement to benefits under the regulations referred to in paragraph 6B).

Because of my spouse/stepdaughter presence I am entitled to an increased/additional public fund
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Old Dec 27th 2017, 6:30 pm
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Default Re: Foreign Child Benefit claim and future ILR

Originally Posted by neil1960
This is the part I do not quite understand

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially 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 sponsor unless, as a result of P’s presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor’s joint entitlement to benefits under the regulations referred to in paragraph 6B).

Because of my spouse/stepdaughter presence I am entitled to an increased/additional public fund
From which document are you reading this? Please provide a link.
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Old Dec 27th 2017, 7:15 pm
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Default Re: Foreign Child Benefit claim and future ILR

Originally Posted by SanDiegogirl
From which document are you reading this? Please provide a link.

https://www.gov.uk/guidance/immigrat...s-introduction
Under 'Interpretation', near very bottom of the page.
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Old Dec 27th 2017, 7:32 pm
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Default Re: Foreign Child Benefit claim and future ILR

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially 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 sponsor unless, as a result of P’s presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor’s joint entitlement to benefits under the regulations referred to in paragraph 6B).
6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.
6C. A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P’s sponsor as a result of P’s presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P’s presence in the United Kingdom under the regulations referred to in to paragraph 6B)”.
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Old Dec 29th 2017, 10:52 am
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Default Re: Foreign Child Benefit claim and future ILR

I would call your council or HMRC to clarify mate. Personally I'm confident with all benefits I claim and even my wife (the foreigner national) claiming WTC and CTC when she comes over....but my children are both British so it's a bit different from you.

Basically, no-one under immigration control is increasing any benefits I get, unless covered by an exception. When it comes to housing benefit I will add her to the equation so her salary can be taken into account but will make it clear I do not want any increase in the benefit due to her presence.

In your case, the presence of a person under immigration control (your stepdaughter) would be increasing your public fund allowance. The question of course is whether the bracketed sentence applies to you..

(save where such entitlement to increased or additional public funds is by virtue of P and the sponsor’s joint entitlement to benefits under the regulations referred to in paragraph 6B)

This leads to the Immigration and Asylum Act 1999 and the sub sections which I don't understand either:

(3)This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.
(4)Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.


As I said, a call to the authorities would be my next move as no-one here seems to be that confident about this.

Last edited by Saigon456; Dec 29th 2017 at 12:35 pm.
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Old Dec 29th 2017, 12:24 pm
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Default Re: Foreign Child Benefit claim and future ILR

Originally Posted by Saigon456
I would call your council or HMRC to clarify mate. Personally I'm confident with all benefits I claim and even my wife (the foreigner national) claiming WC, TC and CB (paid to me) when she comes over....but my children are both British so it's a bit different from you.

Basically, no-one under immigration control is increasing any benefits I get, unless covered by an exception. When it comes to housing benefit I will add her to the equation so her salary can be taken into account but will make it clear I do not want any increase in the benefit due to her presence.

In your case, the presence of a person under immigration control (your stepdaughter) would be increasing your public fund allowance. The question of course is whether the bracketed sentence applies to you..

(save where such entitlement to increased or additional public funds is by virtue of P and the sponsor’s joint entitlement to benefits under the regulations referred to in paragraph 6B)

This leads to the Immigration and Asylum Act 1999 and the sub sections which I don't understand either:

(3)This section applies to a person subject to immigration control unless he falls within such category or description, or satisfies such conditions, as may be prescribed.
(4)Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies.


As I said, a call to the authorities would be my next move as no-one here seems to be that confident about this.
Thanks
I have searched forums and sites high and low, seem to be others claiming benefit identical to me and I have not found where anyone was declined ILR. However, I found one forum post from a few years ago (2013) that contacted UK immigration and suggests he was given two different answers (one official told him that he cannot claim benefit if child is on no recourse to public funds and another said it was no problem!). I followed up on his later posts and seems family made it through ILR.
It would be nice to hear from someone who has gone through recent FLR(m) or ILR with identical situation to see if they made it without any issues.
I do not know if this is a new rule. I have only been claiming CB for a month and think I may cancel and repay benefits back as I do not want to be a test case. Another 3.5 years till ILR.
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Old Dec 29th 2017, 1:45 pm
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Default Re: Foreign Child Benefit claim and future ILR

Originally Posted by neil1960
Thanks
I have searched forums and sites high and low, seem to be others claiming benefit identical to me and I have not found where anyone was declined ILR. However, I found one forum post from a few years ago (2013) that contacted UK immigration and suggests he was given two different answers (one official told him that he cannot claim benefit if child is on no recourse to public funds and another said it was no problem!). I followed up on his later posts and seems family made it through ILR.
It would be nice to hear from someone who has gone through recent FLR(m) or ILR with identical situation to see if they made it without any issues.
I do not know if this is a new rule. I have only been claiming CB for a month and think I may cancel and repay benefits back as I do not want to be a test case. Another 3.5 years till ILR.
The basic question is...

Can a British citizen claim child benefit when the child in question is under immigration control, without breaking the terms of their visa regarding recourse to public funds?

This should be a question the authorities should be able to answer easily. If it was me I would pursue an answer as every little bit helps. You can feed (and possibly clothe) your child with that money.
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Old Jan 26th 2018, 7:48 pm
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Default Re: Foreign Child Benefit claim and future ILR

Originally Posted by Saigon456
The basic question is...

Can a British citizen claim child benefit when the child in question is under immigration control, without breaking the terms of their visa regarding recourse to public funds?

This should be a question the authorities should be able to answer easily. If it was me I would pursue an answer as every little bit helps. You can feed (and possibly clothe) your child with that money.
Here is an update.
I contacted several solicitor companies advertised on line. I sent a messages to one of the big advertised companies and never received a response. Sent a second message a week later and again no response. A second company I contacted also failed to respond so I contacted them by telephone. Spoke to the solicitor in person who apologised and requested I send another email and they would reply back by the end of the day. I never received a response. I sent a second email to follow up the first stating that I was willing to pay for this information, still no response!
Contacted CHB and they confirmed that I was eligible to claim but was unable to comment if it would effect immigration status of spouse and stepdaughter.
Contacted immigration on official number and spoke to person who did not know the answer but put me on hold while he asked his supervisor. Came back to me and told me that if CHB office said it was ok then there was no issue with immigration. Wish the latter could have been in writing but I did record verbatim what he told me.
Even though the latter appears to be confirmation I decided to write letter to CHB to cancel my claim and to offer to pay back money paid to me. My claim was cancelled but I never received a response how I could repay the money paid to me.
Do not think I can do anything more except and hope future immigration goes through ok. I will make sure I disclose my claim on relevant questions and maybe include a cover letter.

Thanks

Last edited by neil1960; Jan 26th 2018 at 7:50 pm.
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Old Jan 27th 2018, 2:30 pm
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Default Re: Foreign Child Benefit claim and future ILR

A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds they are entitled to.
Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for tax credit purposes, neither are treated as being subject to immigration control.
See page 18 of the below;

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

Last edited by Invisible; Jan 27th 2018 at 2:33 pm.
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Old Jan 27th 2018, 5:10 pm
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Default Re: Foreign Child Benefit claim and future ILR

Originally Posted by Invisible
Thanks, that's useful.
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