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johnson19
Newbie
Joined: 12 Jan 2012
Posts: 3
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 Posted: Thu Jan 12, 2012 9:06 pm Post subject: Getting Child Benefit before applying for ILR UK |
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Hello,
I have a query-
My daughter was born in UK, and we started getting Child benefit while I am still on Tier1 Visa.
Do any one know if this will be problem for applying for Indefinite Leave to remain in UK? What will be work around on this?
Will appreciate if any one can give some light on this
Cheers
Johnson |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6945
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| Posted: Thu Jan 12, 2012 10:20 pm Post subject: |
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Your query would be better placed in the claiming benefits section. Hopefully a mod will move it for you.
Yes it will cause a problem unless you are from a country with reciprocal benefit agreements with the UK or worked in Canada before coming here. What is your nationality and that of your partner? |
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johnson19
Newbie
Joined: 12 Jan 2012
Posts: 3
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| Posted: Sat Jan 14, 2012 12:25 pm Post subject: Child benefit ILR |
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Thanks Guru,
Well Myself and my wife are holding Indian Citizenship. My daughter is born in UK. We have are ILR due in March.
Is there any way we can over come this issue. |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6945
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| Posted: Sat Jan 14, 2012 3:15 pm Post subject: |
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| Unless you worked in Canada before coming to UK you are breach of the conditions of your leave by claiming child benefit as you have no recourse to public funds. You need to stop claiming the benefit and tell HMRC you wish to pay it back. |
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johnson19
Newbie
Joined: 12 Jan 2012
Posts: 3
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| Posted: Mon Jan 16, 2012 5:17 pm Post subject: |
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Thanks,
I am willing to pay back, but is there any legal consequences. Do i have to pay any fine. Anybody gone through this problem please respond.
Thanks |
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Sheffield_Marketeer
Member of Standing
Joined: 18 Feb 2011
Posts: 161
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| Posted: Fri Jan 27, 2012 2:19 pm Post subject: |
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Claiming benefits when not eligible is a serious case of non compliance i.e- a breach of immigration law in this case. I am not sure if paying back the money can help to be honest.
Did your visa not have the No Recourse to Benefits stamp? If not, there may be a case of proving negligence on your part. Though I am not sure if that can be done.
When you say you started getting benefits- do you mean you got them automatically or did you initiate it? |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6945
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| Posted: Fri Jan 27, 2012 9:15 pm Post subject: |
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| Sheffield_Marketeer wrote: | Claiming benefits when not eligible is a serious case of non compliance i.e- a breach of immigration law in this case. I am not sure if paying back the money can help to be honest.
Did your visa not have the No Recourse to Benefits stamp? If not, there may be a case of proving negligence on your part. Though I am not sure if that can be done.
When you say you started getting benefits- do you mean you got them automatically or did you initiate it? |
No one gets benefits automatically, you have to apply for them.
Unfortunately, in the case of child benefit in particular, parents seem to be actively encouragde by health visitors/midwives etc to apply for it once the child is born regardless of their immigration status, and told that HMRC will decide if you are eligible. HMRC also seems to have a habit of granting child benefit to those who are not eligible even though they are provide with the correct information and evidence clearly demonstrating that the applicant has no recourse to public funds.
If the UKBA finds out that the applicant has had recourse to public funds, this could result in a refusal on the grounds of breach of conditions, however, when an applicant applies for leave to remain, the forms generally asked whether the applicant is currently in receipt of public funds. If the applicant is no longer in receipt, he can therefore answer this question truthfully, it is for UKBA to check with HMRC if they wish to whether the applicant is or has been in receipt of them however in most cases they appear not to check historically, hence, if the OP pays back the benefits now, he may be OK when he applies for ILR. |
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pennylessinindia
Sage
Joined: 20 Aug 2006
Posts: 508
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| Posted: Sat Jan 28, 2012 10:57 am Post subject: |
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| Greenie wrote: | | Sheffield_Marketeer wrote: | Claiming benefits when not eligible is a serious case of non compliance i.e- a breach of immigration law in this case. I am not sure if paying back the money can help to be honest.
Did your visa not have the No Recourse to Benefits stamp? If not, there may be a case of proving negligence on your part. Though I am not sure if that can be done.
When you say you started getting benefits- do you mean you got them automatically or did you initiate it? |
No one gets benefits automatically, you have to apply for them.
Unfortunately, in the case of child benefit in particular, parents seem to be actively encouragde by health visitors/midwives etc to apply for it once the child is born regardless of their immigration status, and told that HMRC will decide if you are eligible. HMRC also seems to have a habit of granting child benefit to those who are not eligible even though they are provide with the correct information and evidence clearly demonstrating that the applicant has no recourse to public funds.
If the UKBA finds out that the applicant has had recourse to public funds, this could result in a refusal on the grounds of breach of conditions, however, when an applicant applies for leave to remain, the forms generally asked whether the applicant is currently in receipt of public funds. If the applicant is no longer in receipt, he can therefore answer this question truthfully, it is for UKBA to check with HMRC if they wish to whether the applicant is or has been in receipt of them however in most cases they appear not to check historically, hence, if the OP pays back the benefits now, he may be OK when he applies for ILR. |
Greenie health professionals try their best to help anyone but to say they encourage people to apply is ridiculous, visas have the words clearly written no recourse ........... So why do people apply ? So many folk try to get what can when not entitled and then look to blame others. As correctly pointed out one has to apply for the benefit so applying when you know what is on your visa can not be excused .
Pay back the money and then you can say at the time of the application you are not in receipt . Do not blame others take responsibility for your own actions and admit the error
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pennyless |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6945
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| Posted: Sat Jan 28, 2012 11:32 am Post subject: |
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| pennylessinindia wrote: | | Greenie wrote: | | Sheffield_Marketeer wrote: | Claiming benefits when not eligible is a serious case of non compliance i.e- a breach of immigration law in this case. I am not sure if paying back the money can help to be honest.
Did your visa not have the No Recourse to Benefits stamp? If not, there may be a case of proving negligence on your part. Though I am not sure if that can be done.
When you say you started getting benefits- do you mean you got them automatically or did you initiate it? |
No one gets benefits automatically, you have to apply for them.
Unfortunately, in the case of child benefit in particular, parents seem to be actively encouragde by health visitors/midwives etc to apply for it once the child is born regardless of their immigration status, and told that HMRC will decide if you are eligible. HMRC also seems to have a habit of granting child benefit to those who are not eligible even though they are provide with the correct information and evidence clearly demonstrating that the applicant has no recourse to public funds.
If the UKBA finds out that the applicant has had recourse to public funds, this could result in a refusal on the grounds of breach of conditions, however, when an applicant applies for leave to remain, the forms generally asked whether the applicant is currently in receipt of public funds. If the applicant is no longer in receipt, he can therefore answer this question truthfully, it is for UKBA to check with HMRC if they wish to whether the applicant is or has been in receipt of them however in most cases they appear not to check historically, hence, if the OP pays back the benefits now, he may be OK when he applies for ILR. |
Greenie health professionals try their best to help anyone but to say they encourage people to apply is ridiculous, visas have the words clearly written no recourse ........... So why do people apply ? So many folk try to get what can when not entitled and then look to blame others. As correctly pointed out one has to apply for the benefit so applying when you know what is on your visa can not be excused .
Pay back the money and then you can say at the time of the application you are not in receipt . Do not blame others take responsibility for your own actions and admit the error |
My comment is not ridiculous it is the truth - I am speaking from experience- I have had numerous clients told to apply by health professionals as HMRC will make the assessment and decide if they are entitled - I then have to spend the time explaining why they shouldn't apply. We had an example of this recently on the forum. I agree that visas/residence permits clearly state a person has no recourse, but you can understand why a person who is told by a professional to apply, may think it is OK and that they will not be given what they are not entitled. I am not excusing anything - just explaining what happens in reality. HMRC should know better than a migrant that a person with no recourse to public funds, and who is not a beneficiary of a reciprocal agreement, is not entitled to child benefit! |
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Sheffield_Marketeer
Member of Standing
Joined: 18 Feb 2011
Posts: 161
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| Posted: Mon Jan 30, 2012 11:46 am Post subject: |
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I do agree with you Greenie, but I will still maintain that it is the immigrant's reponsiblity in the end to ensure that they comply with their visa restrictions, specially when No recourse to Public Funds is clearly written on the visa.
Ultimately the onus lies on them. |
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hsmp1412
Senior Member
Joined: 23 Mar 2008
Posts: 278
Location: India
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| Posted: Mon Jan 30, 2012 1:16 pm Post subject: |
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I agree with Greenie - health visitors do encourage you to apply and let HMRC decide. The problem is not around the person not knowing his/her rights as an immigrant but more of trusting a competent and govt authority like HMRC to make the right decision.
I bet that al least 50% people would trust a govt authority's decision more than their own esp in matters of taxation, benefits etc. |
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pennylessinindia
Sage
Joined: 20 Aug 2006
Posts: 508
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| Posted: Sat Feb 11, 2012 3:54 pm Post subject: |
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| hsmp1412 wrote: | I agree with Greenie - health visitors do encourage you to apply and let HMRC decide. The problem is not around the person not knowing his/her rights as an immigrant but more of trusting a competent and govt authority like HMRC to make the right decision.
I bet that al least 50% people would trust a govt authority's decision more than their own esp in matters of taxation, benefits etc. |
health visitors encourage persons to apply of course they want to ensure that the child has the best start, they are health professionals. But they never tell them to apply if they are not entitled it is for the person to know if they are entitled. It is a bit like saying you were advised on this site to see a Dr if you need one does not mean you have to. People should take responsibility for their own actions and applying for a benefit when your visa states no recourse .... can not be blamed on anyone
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pennyless |
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barabashka
Junior Member
Joined: 27 Nov 2011
Posts: 17
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| Posted: Sat Feb 11, 2012 7:49 pm Post subject: |
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Hi everyone and especially Greenie,
Greenie, you mentioned in one of the posts above something about working in Canada before coming to UK.
We worked in Canada for almost 5 years, hold Canadian PR and will come to UK on Tier 2 General visa (me and my spouse (dependent)) in April 2012. Our visa does state "no recourse to public funds".
Since you mentioned Canada, is our situation with benefits different somehow from people that come to UK from other countries? In addition, we are both Israeli citizens, and I understand Israel is also on all kind of reciprocal agreements with UK. Does it mean (Israel nationality + 5 years spent in Canada) that we can safely claim child benefits once we have a child?
Thanks! |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6945
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| Posted: Sun Feb 12, 2012 5:05 pm Post subject: |
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| barabashka wrote: | Hi everyone and especially Greenie,
Greenie, you mentioned in one of the posts above something about working in Canada before coming to UK.
We worked in Canada for almost 5 years, hold Canadian PR and will come to UK on Tier 2 General visa (me and my spouse (dependent)) in April 2012. Our visa does state "no recourse to public funds".
Since you mentioned Canada, is our situation with benefits different somehow from people that come to UK from other countries? In addition, we are both Israeli citizens, and I understand Israel is also on all kind of reciprocal agreements with UK. Does it mean (Israel nationality + 5 years spent in Canada) that we can safely claim child benefits once we have a child?
Thanks! |
the UK and Canada have a reciprocal social security agreement but I am not entirely sure how it works for third country nationals. John the moderator is best placed to ask this - however the fact that this thread is in the wrong section of the forum (it needs to be in claiming benefits) probably means he has not seen your question. If a moderator can move the thread to Claiming Benefits I am sure you will get a more definitive answer. |
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barabashka
Junior Member
Joined: 27 Nov 2011
Posts: 17
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| Posted: Sun Feb 12, 2012 7:20 pm Post subject: |
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Hi Greenie,
I will wait then for the thread to be moved. If not, I will just post this question again in a claiming benefits section.
Thanks a lot! |
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austin91
Junior Member
Joined: 27 Aug 2011
Posts: 18
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| Posted: Wed Feb 29, 2012 12:34 pm Post subject: will my wife receiving Benefits affect my EEA2 application |
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| Hi, Could someone answer me please, My wife is EEA citizen with registration certificate that she got last year. while im Non EEA National and have just applied for my EEA2 application but haven,t heard anything from HomeOffice. My wife is working at moment but will stop working as we are expecting a newborn baby and im not working. so she is planing to apply for child benefits, child Tax credit and housing benefit. but am afraid if that will course my application being refuse. please i need urgent reply. many thanks |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6945
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| Posted: Wed Feb 29, 2012 12:42 pm Post subject: Re: will my wife receiving Benefits affect my EEA2 applicati |
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| austin91 wrote: | | Hi, Could someone answer me please, My wife is EEA citizen with registration certificate that she got last year. while im Non EEA National and have just applied for my EEA2 application but haven,t heard anything from HomeOffice. My wife is working at moment but will stop working as we are expecting a newborn baby and im not working. so she is planing to apply for child benefits, child Tax credit and housing benefit. but am afraid if that will course my application being refuse. please i need urgent reply. many thanks |
please can you stop posting the same question over and over again. someone will reply if they know the answer and as and when they wish to do so. |
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Aani
Junior Member
Joined: 28 Oct 2010
Posts: 43
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| Posted: Thu Mar 29, 2012 11:35 am Post subject: |
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Just sharing my experience on this, when I had my baby last year I was told by the midwives and health visitor whenever they visited me to apply for child benifit, Infact, I was given the form to be filled in for claiming CB in the hospital, I told them that I am not entitled for claiming child benifit as I have no rescue to public funds.
When we are under Immigration law we must educate ourself on what to do and what not to do. I also admit that, unknowingly we all tend to do mistakes. |
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doc44
- thin ice -
Joined: 07 Jul 2011
Posts: 133
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| Posted: Tue Apr 17, 2012 9:19 am Post subject: Re: Getting Child Benefit before applying for ILR UK |
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| johnson19 wrote: | Hello,
I have a query-
My daughter was born in UK, and we started getting Child benefit while I am still on Tier1 Visa.
Do any one know if this will be problem for applying for Indefinite Leave to remain in UK? What will be work around on this?
Will appreciate if any one can give some light on this
Cheers
Johnson |
Hi,
Mate, have you got your ILR alright? or CB caused a problem. |
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saraktish1987
Newbie
Joined: 26 Feb 2013
Posts: 6
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| Posted: Thu Feb 28, 2013 12:51 pm Post subject: |
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I know it's been ages since this topic was started.
But Johnson19 are you still in the UK? Was your ILR granted? Any reply would be greatly appreciated as I am in the exact same position.
Thank you in advance.[/code] |
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