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ILR for PBS Dependant after the main applicant had ILR

Posted: Wed Mar 14, 2018 2:31 pm
by paradoxical
Hi everyone,
I want to inquire about the eligibility of PBS dependants (Tier 2 in my case) for ILR. Although my wife would only be eligible in 2021, I'd like to check something that is worrisome now after a friend pointed out. I have already acquired my ILR based on Tier 2 in July 2017 (and would apply for naturalisation in due time). My wife and son will have their Tier 2 visa extended in a few months for another 3 years to enable them to complete their 5 years before they can apply for ILR. I started claiming Child Benefit in my name after I got my ILR from July having checked that it will not affect future ILR application of my dependants. However, now that I see the online gov website for checking eligibility for partners to get ILR, it states that:

When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds

This is,following the link here:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Can someone please check this and tell me if I should not be claiming any child benefit, or 30 hours childcare funding for that matter (under my name). I have not been able to find this clause in the immigration rules and I am hoping this is a mistake on the part of gov.uk website...
Many thanks,

Re: ILR for PBS Dependant after the main applicant had ILR

Posted: Wed Mar 14, 2018 2:35 pm
by paradoxical
Just to clarify, I have already chosen in this online form that:
the partner is settled in the UK, based on Tier 2..

Re: ILR for PBS Dependant after the main applicant had ILR

Posted: Wed Mar 14, 2018 3:00 pm
by CR001
You can claim child benefits as an ILR holder.

Re: ILR for PBS Dependant after the main applicant had ILR

Posted: Wed Mar 14, 2018 3:52 pm
by paradoxical
Thanks CR001.
Do you have any opinion on why the link on the gov website suggests otherwise?

Re: ILR for PBS Dependant after the main applicant had ILR

Posted: Wed Mar 14, 2018 4:01 pm
by CR001
Likely a general comment of not relying wholly on public funds, i.e. housing, JSA, Income support etc etc.

No has every reported a problem with claiming child benefits or tax credits.

Re: ILR for PBS Dependant after the main applicant had ILR

Posted: Fri Mar 16, 2018 4:46 pm
by Temi001
[quote=paradoxical post_id=1609270 time=1521037899 user_id=141296]
Hi everyone,
I want to inquire about the eligibility of PBS dependants (Tier 2 in my case) for ILR. Although my wife would only be eligible in 2021, I'd like to check something that is worrisome now after a friend pointed out. I have already acquired my ILR based on Tier 2 in July 2017 (and would apply for naturalisation in due time). My wife and son will have their Tier 2 visa extended in a few months for another 3 years to enable them to complete their 5 years before they can apply for ILR. I started claiming Child Benefit in my name after I got my ILR from July having checked that it will not affect future ILR application of my dependants. However, now that I see the online gov website for checking eligibility for partners to get ILR, it states that:

When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds

This is,following the link here:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Can someone please check this and tell me if I should not be claiming any child benefit, or 30 hours childcare funding for that matter (under my name). I have not been able to find this clause in the immigration rules and I am hoping this is a mistake on the part of gov.uk website...
Many thanks,
[/quote

Hi

Please did you add your partner detail on the HMRC online application form for 30 hours?

I Am in the same shoes and I was wondering if it's okay for my partner to add my details on the form even though he is the one claiming?

My partner has ILR

Thank you

Re: ILR for PBS Dependant after the main applicant had ILR

Posted: Tue Mar 20, 2018 10:33 am
by paradoxical
Yes- I did add my wife's details. (You have to, as the eligibility requires both parents to be working)..However, only the ILR holder can apply :)