Childcare Costs Support-Skilled Worker Visa with NRPF, Reciprocal Social Security Agreement, Turkish Citizen

[MustafaN]

Hi,

We have a 3-year-old child, and we are on a skilled worker visa (Tier-2), which states No Recourse to Public Funds (NRPF) in our BRPs. We are also Turkish citizens and have seen a reciprocal social security agreement with Turkey. We wonder whether we can claim any childcare cost supports such as child benefit, 30 hours free childcare, etc?

We have seen that there are some exceptions for making a claim with NRPF status, and one of them looks like being a citizen of a country which have a reciprocal social security agreement according to this: https://www.gov.uk/government/publicati ... agreements.

We just don't want to cause any problems for our visa renewal, ILR or citizenship applications in the future.

I can see exceptions for Turkey to claim child benefits; but especially for the 30 hours free childcare, in the immigration status part, it does not mention any further exceptions. Information in gov.uk is as follows:

Your immigration status
To be eligible for 30 hours free childcare, you must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this
If you have a partner, they must have a National Insurance number too.

I really wonder about the types of benefits that we can claim by considering our Turkish citizenship. If you can help, I would be appreciated.

Many thanks...

[Amber]

Hi,

So reciprocal agreements apply to specific circumstances covered by legislation. Citizens of states that have ratified the ECSMA or CESC can access certain benefits, providing they are lawfully resident in the UK. Accessing these benefits will not constitute a breach of the NRPF condition that may still be applied with their grant of permission. These convention requirements apply only to specific benefits and not to social housing or homelessness assistance. For Turkish nationals you can claim Housing Benefit
State Pension Credit and Council Tax Reduction, note that no new claims can be made for housing benefit and the other exemptions are to be phased out. For child benefit:

People who have leave to enter or remain but subject to the condition that they do not have recourse to public funds are not excluded from child benefit if they are [lawfully working in the UK and a]:

National of a State which the UK has concluded an agreement for the equal treatment of workers in the field of social security; or

National of a State with which the United Kingdom has concluded an agreement that provides for the receipt of family allowances for members of their family who are legally resident in the UK.

Currently, the countries covered by such agreements are Albania, Morocco, San Marino, Tunisia, and Turkey.

So there is scope to claim child benefit and council tax support/reduction in your case, the latter having a means test. However, this exempt for council tax support/reduction is being phased out so should not be relied upon.

In terms of childcare help eg free hours, that is not a public fund, and is instead subject to the relevant regulations and there is some leniency, potentially, certainly for 2 year olds, depending on household income, see https://www.nrpfnetwork.org.uk/informat ... de-content

For the 3 to 4 year olds, unfortunately it’s more strict. The residence requirement will be met when a parent has one of the following:

British or Irish citizenship

Settled or pre-settled status granted under the EU Settlement Scheme

A pending EU Settlement Scheme application

Immigration permission that allows access to public funds, such as indefinite leave to remain or refugee leave

A parent who has leave to remain that is subject to the 'No Recourse to Public Funds' (NRPF) condition will not meet the residence requirement. Therefore, when a single parent or both parents in a household have leave to remain with NRPF, the family will be unable to access 30 hours childcare.

[JB007]

We have a 3-year-old child, and we are on a skilled worker visa (Tier-2), which states No Recourse to Public Funds (NRPF) in our BRPs. We are also Turkish citizens..
...
I can see exceptions for Turkey to claim child benefits; but especially for the 30 hours free childcare, in the immigration status part, it does not mention any further exceptions. Information in gov.uk is as follows:

Your immigration status
To be eligible for 30 hours free childcare, you must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this
If you have a partner, they must have a National Insurance number too.

You do not meet the requirements for the 30 hours free childcare.
https://www.gov.uk/30-hours-free-childcare

[JB007]

So there is scope to claim child benefit and council tax support/reduction in your case, the latter having a means test.

Please post the gov.uk link for the OP (and others) that confirms that Turkish nationals can have CTR. The OP has already said-

We just don't want to cause any problems for our visa renewal, ILR or citizenship applications in the future.

And please don't delete posts again when people ask you for links. Members have a right to be able to read the evidence for themselves. Links also help if anyone is refused any benefits, because they can then provide the relevant benefit agency or council, with proof.


They have already read that they can have Child Benefit.
For others who may be reading this, here is a list of the 16 countries (under present rules) where migrants might be able to claim Child Benefit even though they are subject to immigration control.
https://www.gov.uk/child-benefit-move-to-uk

[Amber]

So there is scope to claim child benefit and council tax support/reduction in your case, the latter having a means test.

Please post the gov.uk link for the OP (and others) that confirms that Turkish nationals can have CTR. The OP has already said-

We just don't want to cause any problems for our visa renewal, ILR or citizenship applications in the future.

And please don't delete posts again when people ask you for links. Members have a right to be able to read the evidence for themselves. Links also help if anyone is refused any benefits, because they can then provide the relevant benefit agency or council, with proof.


They have already read that they can have Child Benefit.
For others who may be reading this, here is a list of the 16 countries (under present rules) where migrants might be able to claim Child Benefit even though they are subject to immigration control.
https://www.gov.uk/child-benefit-move-to-uk

JB007, I do not need you to tell me to provide anything. I also do not need you to tell me how to moderate. I suggest you abstain from doing so. The previous deleting of your posts were not in any relation to your requests to links but rather your continuous ignorance of the legislation I had provided.

You are free to read the relevant legislation if you so wish, for council tax reduction - The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (as amended).

[JB007]

So there is scope to claim child benefit and council tax support/reduction in your case, the latter having a means test.

Please post the gov.uk link for the OP (and others) that confirms that Turkish nationals can have CTR. The OP has already said-

We just don't want to cause any problems for our visa renewal, ILR or citizenship applications in the future.

And please don't delete posts again when people ask you for links. Members have a right to be able to read the evidence for themselves. Links also help if anyone is refused any benefits, because they can then provide the relevant benefit agency or council, with proof.


They have already read that they can have Child Benefit.
For others who may be reading this, here is a list of the 16 countries (under present rules) where migrants might be able to claim Child Benefit even though they are subject to immigration control.
https://www.gov.uk/child-benefit-move-to-uk

JB007, I do not need you to tell me to provide anything. I also do not need you to tell me how to moderate. I suggest you abstain from doing so. The previous deleting of your posts were not in any relation to your requests to links but rather your continuous ignorance of the legislation I had provided.

You are free to read the relevant legislation if you so wish, for council tax reduction - The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (as amended).

But you didn't provide that link or the relevanbt quote for that poster; which was why I asked you again. But instead you just deleted my request and closed the thread.

Will you please give the relevant quote for this poster, with the link? People would like to see the evidence of what somebody claims: the don't want to be in breach of their visa.

[Amber]

See https://www.gov.uk/government/publicati ... accessible under international agreements