Child benefit with wife and children on spouse visa

Thread Tools
 
Old Apr 14th 2021, 9:37 am
  #1  
Just Joined
Thread Starter
 
Joined: Oct 2018
Posts: 15
aliactuary is an unknown quantity at this point
Default Child benefit with wife and children on spouse visa

Hello everyone,

I am British National. My wife and children are in UK on dependent visa for 1.5 years now.

Due to the NRPF condition attached to their visas, I have been extra careful not to claim any benefits so far. However, I am told that claiming child benefits is my right being British National as we are unemployed and suffering financially.

Please advise if claiming this would not in any way jeopardise our future extension, ILR and citizenship applications? Many thanks
aliactuary is offline  
Old Apr 14th 2021, 10:17 am
  #2  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Child benefit with wife and children on spouse visa

You may claim child benefit; your wife may not.
BritInParis is offline  
Old Apr 14th 2021, 10:53 am
  #3  
Just Joined
Thread Starter
 
Joined: Oct 2018
Posts: 15
aliactuary is an unknown quantity at this point
Default Re: Child benefit with wife and children on spouse visa

Originally Posted by BritInParis
You may claim child benefit; your wife may not.
many thanks BiP.

Please also advise about maternity exemption certificate. Can my wife claim for free nhs prescriptions as she is expecting?
aliactuary is offline  
Old Apr 14th 2021, 11:31 am
  #4  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Child benefit with wife and children on spouse visa

Yes, no issues with that.
BritInParis is offline  
Old Apr 22nd 2021, 1:20 pm
  #5  
Just Joined
 
Joined: Apr 2021
Posts: 2
granadilla is an unknown quantity at this point
Exclamation Re: Child benefit with wife and children on spouse visa

Hello,
I have always been under impression that children with BRP that specifically states NRPF condition should not be included into application for child benefit from their British citizen parent, as it may backfire during FLR and registration as a British citizen after 3 years in the UK.
I am in a similar situation - I am British by descent so couldn't pass my citizenship to my child born abroad. I brought my family to the UK on a family visa - both wife and child have BRPs with NRPF.
I would very much appreciate if I can claim child benefit, but also I am rather afraid that the child registration application might be rejected because of this - we are one year away form the 3 year residency requirement.
I searched loads on gov.uk and couldn't find answer to my particular question - there are references to a spouse but not a child with NRPF condition. Would you be so kind as to direct me to a government guidance/legislation in regards of this?
Many thanks.
granadilla is offline  
Old Apr 22nd 2021, 5:32 pm
  #6  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Child benefit with wife and children on spouse visa

The child is not the claimant, the relevant parent is. If the relevant parent is a British citizen then there is no issue.
BritInParis is offline  
Old Apr 22nd 2021, 7:32 pm
  #7  
Just Joined
 
Joined: Apr 2021
Posts: 2
granadilla is an unknown quantity at this point
Default Re: Child benefit with wife and children on spouse visa

Thank you BritInParis - you have a very good point, however, the child is a beneficiary of this child benefit, not the British citizen father. If the child with NRPF benefits from such 'public fund' why wouldn't Home Office consider this a breach?
I encountered many opinions on this topic, including different legal opinions from immigration advisers - but all of them don't matter, it's what the HO decides at the end. If they consider this a breach of the granted leave, then we are at risk of citizenship registration being rejected for not being of 'good character', or whatever.
Would be grateful for any comments.

granadilla is offline  
Old Apr 22nd 2021, 10:14 pm
  #8  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Child benefit with wife and children on spouse visa

The responsible parent is the beneficiary, not the child. A child cannot claim for themselves.
BritInParis is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.