Child benifits

[Galaa]

Hi All,

I am a recent ILR holder and want to know about child benefit. My wife and son (overseas-born) are still waiting for their ILR. My daughter born in the UK. Can I claim child benefit? if yes, for both kids or only for my daughter.

I have seen a recent post with a similar situation but replies were a bit confusing so I am posting a new one.

Thanks in advance.

[CR001]

Yes, for both kids.

[Galaa]

Yes, for both kids.

Thanks.

To include my son, should I use his passport instead of a birth certificate?

[CR001]

You need to send the documents asked for in the form.

[JB007]

Yes, for both kids.

Are you sure?

"For Child Benefit, if you are not a person subject to immigration control, you can claim for a child for whom you are responsible for, regardless of the child’s immigration status. However, if the child’s leave is subject to a no recourse to public funds restriction, claiming child benefit for her/him could affect their right to remain in the UK. Get specialist immigration advice if you are in this situation."
https://www.turn2us.org.uk/Benefit-guid ... de-content

Quote is from one of the benefit calculators on the gov.uk list
https://www.gov.uk/benefits-calculators

[CR001]

Yes, for both kids.

Are you sure?

https://www.turn2us.org.uk/Benefit-guid ... de-content

https://www.gov.uk/benefits-calculators

My husband claimed child benefit for my daughter on a visa who was born abroad, no issues, many do.

[JB007]

Yes, for both kids.

Are you sure?

https://www.turn2us.org.uk/Benefit-guid ... de-content

https://www.gov.uk/benefits-calculators

My husband claimed child benefit for my daughter on a visa who was born abroad, no issues, many do.

It seems from the link that the although HMRC allows this, it does not conform with the the Home Office "no recourse to public funds restriction"?

Perhaps your daughter got away with it?

[CR001]

Yes, for both kids.

Are you sure?

https://www.turn2us.org.uk/Benefit-guid ... de-content

https://www.gov.uk/benefits-calculators

My husband claimed child benefit for my daughter on a visa who was born abroad, no issues, many do.

It seems from the link that the although HMRC allows this, it does not conform with the the Home Office on public funds?

Perhaps your daughter got away with it?

Many have done this and had no issues as it is the parent allowed to claim who is claiming, not the child.

[JB007]

Are you sure?

https://www.turn2us.org.uk/Benefit-guid ... de-content

https://www.gov.uk/benefits-calculators

My husband claimed child benefit for my daughter on a visa who was born abroad, no issues, many do.

It seems from the link that the although HMRC allows this, it does not conform with the the Home Office on public funds?

Perhaps your daughter got away with it?

Many have done this and had no issues as it is the parent allowed to claim who is claiming, not the child.

I'm not saying that many haven't done that, I'm merely giving a link to a government recommended site about claiming for somebody who has no recourse to public funds. People choose whether to ask for welfare benefits, or not.

[ngvihu]

Hi JB007,
Have you got any further information/explanation regarding discrepancy in policies between Home Office and HMRC. Please kindly share.
Many thanks,
Hung.

[ngvihu]

Hi JB007,
Have you got any further information/explanation regarding discrepancy in policies between Home Office and HMRC. Please kindly share.
Many thanks,
Hung.

[vinny]

Child Benefit

Eligibility for Child Benefit depends on the parent’s immigration and residence status, rather than the child's nationality or immigration status.

An eligible parent may claim Child Benefit regardless of the child’s immigration status. However, when a child has leave to remain that is subject to the NRPF condition, legal advice should be obtained from an immigration adviser before an application for Child Benefit is made to find out whether this may adversely affect the child’s current or future immigration position.

When a sole parent or both parents in a household have leave to remain that is subject to the NRPF condition, they will not qualify for Child Benefit and will not be able to claim this for a British child. They may only qualify for Child Benefit if an exception applies.

I think a parent with ILR may be eligible to claim.

[ngvihu]

Hi Vinny,
I have phoned child benefit office, they confirmed 'Yes, ILR holder can claim'. But they are not sure if the claim has any negative impact to the child's immigration position later on or not?? That doubt is also mentioned in the text you have quoted

"However, when a child has leave to remain that is subject to the NRPF condition, legal advice should be obtained from an immigration adviser before an application for Child Benefit is made to find out whether this may adversely affect the child’s current or future immigration position"

Please share if you have any further information regarding the matter?
Many thanks,
Hung.

[vinny]

An ILR holder is making the claim and is not subject to NRPF. If the child is not making the claim, then child is not breaking the NRPF conditions.

I think it should be okay. Haven’t seen any reports of a refusal posted here under these circumstances. Try a search?

[vinny]

Declare circumstances truthfully in all applications.

[ngvihu]

Hi Vinny,
That is true, I haven't seen any refusal reported.
Just wondered, if it is ok and popular, why there is no confirmation in writing somewhere?
Many thanks.