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Let's put it this way, look at those ILR visas! What conditions are there? Exactly ... none! Accordingly you have every right to claim whatever benefit you are entitled to.can we apply for child benefits now?
I am just a new member here but I thought I could share some information with others regarding this issue. I have done some extensive searching and discovered the following:durbr wrote:Hi,
My wife has been on work permit for 5 years and we want to apply for ILR. She is from Vietnam and I am from Pakistan. Three years ago when our first son was born, we received some application forms for Child Benefit. We were not sure whether were eligible so we called the HM Revenue & Customs (HMRC). They advised us to apply for Child Benefit and they would consider our application. We applied and they started paying us child beneift in 2004. We were very naive about "recourse to public fund" and we thought HM Revenue & Customs (HMRC) knew better. Anyway, now that we want to apply for ILR,according to the application form, we have realised that may be we were not eligible. Please advise what do you think? How should we proceed? We are willing to return all the money plus interest plus any penalty. Any comment will be highly appreciated!
In what way are they inaccurate or incomplete , John??. Since this is an information sharing forum, why dont you give "us" the "accurate and complete" ones. I guess a lot of people would appreciate that a lot. These are part of the Immigration Directorate Instructions (IDI) dated September 2005 and I have not seen any new ones since then regarding "public funds".John wrote:Your "discoveries" are incomplete, and inaccurate in a number of respects.
His application has already succeeded:TORRES wrote:4. From what I understood paying back the money, does not necessarily "lessen" the "crime" especially if you have been receiving them for such a long time. My advice to you is to consult a lawyer or better still submit your application through a lawyer.
durbr wrote:I delighted to inform you that our application for ILR has been approved. We have received our passports back today with ILR stamp. (We submitted application on 9th of Jan).
In our application form, we ticked NO to the question “Are you receiving any public fund?â€
John wrote:I'll take your word for that Olisun, but we still need an answer as regards the other question.
Indian national has unknowingly made the mistake of claiming Child Benefit and is now getting ready to apply for ILRyskishore wrote:I am in the same boat... I have made an online application and have been granted with Child benefit. I am now planning to apply for ILR.
An Indian National lived and worked in Sweden (EU country) for eight years before coming to UK. He is on Indian passport and has work permit with 'no recourse to public funds' in the residence permit.John wrote:Olisun, we don't know that. He has not posted answers to my questions. After all, for all we know, he worked in say Canada prior to coming to the UK, and if so, under the terms of the UK-Canada Social Security Agreement, he has every right to claim CB in the UK, irrespective of his nationality!
Siggi wrote:Durbr,
My position is similar ie salary of +£100 k pa but the child benefit is paid into my wifes account.
So as I'm the main applicant, under the section, where they ask do you receive any benefit.
I can say no, as this benefit is transfered into my wifes account and will not show up, when I submit my bank statements.
If I was you, take a chance and say no, unless you have to show banks statements that reflect the benefit.
It is a differcult call and also unfair as this is a benefit that is almost forced on you, without too much consideration DW as to our immigration status.
Good luck and by the way when are you alpying for your IRL?
Absolutely not that clear cut. Totally wrong to imply that CB is never OK. hsmp_prey, if in doubt, investigate Rule 6B of the Immigration Rules.Don't give wrong advise. CB is not allowed whatsoever. Whether it goes in to your wife's account or anyone, at the end its registered with your kid, and you are linked to it.