Tier 1 leave to remain (NOT ILR) and child benefits for British children

[ekbe01]

Dear Forum,

I am currently in the UK on a Tier 1 Entrepreneur leave to remain (NOT ILR).
My partner and children are UK citizens.

I am subject to immigration control and I do not have access to public funds. However, the child benefit is designed not exactly for me but for my children.

Question: Can I claim child benefit for my British children without breaching the conditions of no access to public funds? Are there any exceptions?

Thank you thank you!

[CR001]

No you cannot claim in your name.

Your British spouse must claim in their name.

[ekbe01]

Thank you!
I think there was an exception for the parent of a British child (who won't be excluded from entitlement to child benefit on the ground that they are subject to immigration control) but I can't find it in the Public Funds Guidance any longer.

[JB007]

When you are granted ILR, you can claim CB - once your partner stops claiming the CB to enable you to claim.

As you are self employed, your Type 2 National Insurance payments will give you your contribution towards a UK state pension and you don't need a NI Credit towards a UK state pension by claiming Child Benefit.
https://www.gov.uk/national-insurance/w ... nce-is-for

Under present rules, a UK state pension is now based on our own contribitions, which was changed when the UK ended being able to claim a UK state pension through the contributions of a spouse.

[ekbe01]

Understand, thank you!

[JB007]

Under present rules. only 35 years of NI Contributions/Credits is needed for a full UK state pension and the UK state pension age is rising all the time, presently age 68. Depending on your age, there is some wriggle room.

Nothing like the 39 years needed for women and 44 years needed for men for a full state pension, that the UK used to have, with the female state pension age at age 60 and the male at age 65.

Although the UK have changed their state pension rules a few times over the years and we don't know what they will be when an individual reaches the then UK state pension age.