woolies1

Hello all members,

My first post here, done a bit of search here and there but couldn't find anything helpful, so I though I post here.

I am British national and my wife is on spouse visa, recently we were blessed with our first baby, I am currently working as a full time and my current salary is 19,500 gross, I had applied for Child benefit and Child tax credit on joint names.

my question is: Will it effect my wife spouse visa extension as it stated " no recourse to public funds" but as being a British national can I apply under my name. recently they requested more information like wife national insurance number. but my wife don't have NI number as she will not be working due to language factor and also will be looking after our baby.

Thanks for all your replies

Regards

formula

Welcome to the forum.

Not sure what you mean about language factor as your wife needed to pass an English test for her visa? She can still apply for a NINo even thought she isn't planning to work yet, because she is allowed to work on a spouse visa.

https://www.gov.uk/apply-national-insurance-number
National Insurance number application line
Telephone: 0345 600 0643



Child Benefits must be in your name only. It's a breach of her visa conditions if it is in the name of someone who is subject to immigration control as they are public funds. Under present rules, if either of you earn over 50k then they start to reduce.

Child Tax Credits Your research is correct. TCs are also a public fund but must be in both names. It is fraud if someone claims to be single when they aren't. The salary of both claimants is used for the claim (that's why they need her NINo).

You are allowed to claim because you are a UK citizen and if claimed as above, it won't affect your wife's next visa.

Don't forget.

Tax Credits is one of the benefits being replaced by Universal Credit under welfare reforms and there will be different requirements.

When your wife has ILR (and not before) and if she still isn't working (and isn't required to work under your Universal Credit claim) then put the Child Benefit in your wife's name because they will then start to count towards her NICs for a UK state pension. From next year the state pension will only be based on the persons own contributions.

woolies1

Thanks for your reply,
Yes she did gone through to an english course, she is fine with writing and speaking, but still unable to fully understand uk accents.

that's clears alot, all i was worried about by breaching her visa policy as it clearly stated no recourse to public funds, but it should be ok.

Thanks alot

formula

It will be OK. Just make sure the Child Benefit is only in your name. It's taking extra money for someone who has no recourse to public funds that can be the problem. i.e. extra housing benefit such as the couples rate when the UK citizen should only have the single room rate; council tax allowance taken when the person with 'no recourse to public funds' must pay council tax.