Immigrationboards.com

dear all,

my wife has come to the uk on a spouse visa - whilst in the UK, we had a baby and we receive child benefit in my wife's name.

is that a problem? - as one the ILR form it lists child benefit as a public benefit and as you know applicants cannot have 'recourse to public funds'.

can someone please advise?

many thanks

if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?

Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?

Hi Greenie,

thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.

does that help?

Thanks,

RHussain07 wrote:

Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?

Hi Greenie,

thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.

does that help?

Thanks,

no - not really - I asked what your wife's nationality is, not yours.

Greenie wrote:

RHussain07 wrote:

Greenie wrote:if you have ILR and your wife doesn't, you should be claiming the child benefit, not your wife as for your wife to claim is a breach of her conditions unless she is a national of a country with which the UK has reciprocal social security agreements. What is her nationality?

Hi Greenie,

thanks for the quick response - i am a uk citizen - my wife has recently come to the UK on a two year spouse/entry clearnance visa.

does that help?

Thanks,

no - not really - I asked what your wife's nationality is, not yours.

Apologies - she is Pakistani. I setup the child benefit in her name as we needed letters in her name (for our ILR application) but I did not realise that by doing so, it may cause an issue.

given i am a uk citizen, i can claim child benefit but unsure as to if having it in her name would be an issue.

What do you think?

you need to claim in your name, your wife should not be claiming - it is a breach of the condition of her leave.

As mentioned by Guru I would return all the claimed amount with a good explaination and then claim in your name. You can claim back for upto 3 months.

cant u just go n tell them...to correct their records to include YOUR name and not your wife's name... worth a shot!

Good thought but they must back date it to day 1 also you need to ensure nothing appears on her record when home office does checks when she applies for ILR/extension using her NI number.

arsenal49 wrote:cant u just go n tell them...to correct their records to include YOUR name and not your wife's name... worth a shot!