Child benefit with wife and children on spouse visa
#1
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Joined: Oct 2018
Posts: 15
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
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
#3
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Joined: Oct 2018
Posts: 15
#5
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Joined: Apr 2021
Posts: 2
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.
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.
#7
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Joined: Apr 2021
Posts: 2
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.
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.