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Does child DLA will affect my Tier 2 Applicaiton?

Questions and discussions about claiming benefits while living and working in the UK

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jadu
Newly Registered
Posts: 2
Joined: Sun Jun 11, 2017 8:34 pm

Does child DLA will affect my Tier 2 Applicaiton?

Post by jadu » Sun Jun 11, 2017 9:04 pm

HI everyone
I have recently completed my PhD and also received a postdoc job offer from one of the reputed university in UK. During my study under Tier 4 student visa (No Recourse to Public Fund), my wife gave birth of a baby boy. My son born with many health conditions and disability. My wife's visa is tier 4 dependent (No Recourse to Public Fund). After almost 1 year one agency who work for the disabled people came to us and advise us to apply for DLA (disability living allowance) for my son.We informed that our situation but they insisted us and even talked to DLA office to confirm my son's eligibility. we then convinced and applied for DLA. the DLA was granted. However, as my PhD came closer to the end, I informed my university to advise me regarding visa application and mentioned them about the DLA. university got advice from a law agency and they said that I cannot apply for DLA as an appointee since my son is not British or Irish or EU citizen. They advise us to write DLA office that I claimed it in error and request them to take necessary steps to resolve the issue. I have written a letter to DLA and informed them the error and also withdrawn the claim.

Now my question, considering all stories, if I apply for Tier 2 visa, what should I write to the section " have you ever received public funds?" Should I say "Yes" and explain that claimed in error and stopped getting it.

or should I say "NO" for my application but say "Yes" to my son application and explain everything with supporting documents?

Also one thing, If I say Yes, what should I say in my son's application'?

what is the correct approach? How can I explain the error in the application?
Please help me with your valuable advice.

Thanks

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: Does child DLA will affect my Tier 2 Applicaiton?

Post by UKBALoveStory » Sun Jun 11, 2017 9:59 pm

I would neither say Yes, nor say No. I will write "please see additional information page". On additional information page, write the whole story and attach as much proof as possible.

Good luck
I am not an immigration adviser...All IMHO.

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Does child DLA will affect my Tier 2 Applicaiton?

Post by secret.simon » Mon Jun 12, 2017 8:54 am

What nationalities are you and your wife?

Page 6 of the Public Funds guidance lists DLA as a Public Fund for the purpose of the Immigration Rules. Pages 25-28 also lists countries whose nationals can claim DLA within the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

jadu
Newly Registered
Posts: 2
Joined: Sun Jun 11, 2017 8:34 pm

Re: Does child DLA will affect my Tier 2 Applicaiton?

Post by jadu » Mon Jun 12, 2017 2:36 pm

We are not citizen of the countries in the list.

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