Mistakenly applied for child benefit while on presettled status

[Adara]

Can any one help me with any relevant information on what I can do.I was misled by a church member to apply for child benefit for my son because he is British.after putting the application through I realised I wasn’t eligible cos I had no access to public fund.(my stupidity).I tried to call Hmrc to stop the application after I realised but unfortunately they had processed it and I got a letter in my post today to tell me I wasn’t eligible.I am now aware that applying for this benefit is detrimental to my further applications (old)which is due in a month time.I am so depressed about this cos I did it out of ignorance .pls any relevant information will be greatly appreciated.I feel so doomed!

[JB007]

Can any one help me with any relevant information on what I can do.I was misled by a church member to apply for child benefit for my son because he is British.after putting the application through I realised I wasn’t eligible cos I had no access to public fund.(my stupidity).I tried to call Hmrc to stop the application after I realised but unfortunately they had processed it and I got a letter in my post today to tell me I wasn’t eligible.I am now aware that applying for this benefit is detrimental to my further applications (old)which is due in a month time.I am so depressed about this cos I did it out of ignorance .pls any relevant information will be greatly appreciated.I feel so doomed!

Child Benefit is a public fund, but by filling in the benefit application honestly, which meant the benefit staff could state that you are not eliglible for CB, you have not taken public funds.

The UKVI staff guidance states-
UK Visas and Immigration guidance on how staff make decisions about which UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publications/public-funds

[Adara]

Thank you so much for the information.I am also thinking of writing a letter in mitigation with my application explaining that it was a genuine mistake.Do you think that will help too pls

[Amber]

Do you have limited leave to remain under Appendix EU of the immigration rules i.e. pre settled status under the EU settlement scheme?

[JB007]

Do you have limited leave to remain under Appendix EU of the immigration rules i.e. pre settled status under the EU settlement scheme?

through I realised I wasn’t eligible cos I had no access to public fund.

Pre-Settled status does not grant access to UK public funds and that was tested in court by migrants who used the EU to live in the UK. Those on Pre-Settled status need to have another right to be able to be given UK public funds and OP states she has no access to public funds.

[JB007]

If your flag is correct and you come from Nigeria, what is the relationship to you of the EEA citizen who sponsored you to the UK?

Do you still have the relationship with that EEA citizen?

@secret.simon knows EU Free Movement laws and the Brexit Withrawal Agreement.

[Amber]

I suggest you let the OP answer before jumping to conclusions.

[JB007]

I suggest you let the OP answer before jumping to conclusions.

Please don't keep taking any corrections or asking for links, as a personal attack: we are here to help people.

Because I am aware that you imposed self exile on yourself when you didn't like some private posts that people sent you, I do try to tread carefully with your posts.

[Amber]

I have no idea what that was meant to say. However, I am here as a moderator to correct your poor advice and misinformation which is unfortunately all too common in relation to benefits.

[JB007]

However, I am here as a moderator to correct your poor advice and misinformation which is unfortunately all too common in relation to benefits.

I give the links for the posters to read but you are reluctant to do so. You get annoyed when asked for links, delete those posts and close the thread.

Why don't you want to post links to confirm what you have said? Surely you don't just expect people to believe you when this is their immigration at stake?

Since coming back from your self-emposed exile; after you received some private posts from forum members and you didn't like what they said; you appear to be very angry. Or were you always were like that?

Post the links. Be fair to others who also dream of being a British citizen.

Look back on here and you will see one Mod stating that being on a Fiance visa gives free access to the NHS and most of us know that isn't true.

[Amber]

1. In this post the OP is specifically worried that they’ve claimed Child Benefit and breached their immigration conditions. You have started to advise (although it was incoherent) without actually knowing what the client’s status is. If it’s a person with LTR under Appendix EU of the immigration rules then there are no such restrictions in relation to public funds, entitlement to such would depend on the benefit regulations rather than the Immigration and Asylum Act. This is an example of your lack of knowledge and ability to correctly advise, you fail to explore and apply.

2. Deleting your posts was necessary as you were again failing to understand law.

3. I provide the legislation which supersedes any link.

4. What happened in the past with me is irrelevant.

5. If you continue to undermine moderators you’ll be on -thin ice-.

[vinny]

I am now aware that applying for this benefit is detrimental to my further applications (old)which is due in a month time. I am so depressed about this cos I did it out of ignorance .pls any relevant information will be greatly appreciated.I feel so doomed!

I suspect you are overthinking.

Child Benefit is a public fund, but by filling in the benefit application honestly, which meant the benefit staff could state that you are not eliglible for CB, you have not taken public funds.

The UKVI staff guidance states-
UK Visas and Immigration guidance on how staff make decisions about which UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.
https://www.gov.uk/government/publications/public-funds

What are public funds for immigration purposes?

Those who claim public funds despite being subject to an NRPF condition may be committing an offence in law and can be liable to having their immigration permission curtailed and any further immigration applications refused.

I think “claim” in this context refers to the act of receiving public funds that a foreign national is not entitled to.

Moreover, as Amber has indicated, there are also exceptions enabling a NRPF condition holder to receive Child benefit without breaching the condition.

If you simply made an honest application to receive public funds, then I think you were exploring exceptions possibilities. Then this cannot be a breach of your conditions of leave. Fearing some non-existent consequences of their rejection may only make you ill.

Knowing your full circumstances may help people to provide relevant information and advice.

[JB007]

1. In this post the OP is specifically worried that they’ve claimed Child Benefit and breached their immigration conditions. You have started to advise (although it was incoherent) without actually knowing what the client’s status is. If it’s a person with LTR under Appendix EU of the immigration rules then there are no such restrictions in relation to public funds, entitlement to such would depend on the benefit regulations rather than the Immigration and Asylum Act. This is an example of your lack of knowledge and ability to correctly advise, you fail to explore and apply

The Supreme Court and the European court, ruled that the UK's Pre-Settled Status does give benefits. As I stated above, these need another claim to have UK benefits becasue pre-settled status alone doen not give UK benefits. I think I have also read Mod Obie stating this too. Instead of hurling insults at me, you could have checked and then likely found these rulings, or the posts on this site about it.

2. Deleting your posts was necessary as you were again failing to understand law.

As said, you deleted my posts on a previous thead that asked you for the link to your statement and then you closed the thread.

3. I provide the legislation which supersedes any link.

You didn't, which was why links were asked for.

4. What happened in the past with me is irrelevant.

We should learn from things we do in the past.

5. If you continue to undermine moderators you’ll be on -thin ice-.

How is asking you for links to what you state, undermining you? I haven't asked the other mods for links because they tend to provide these. Surely you realise that people don't want to compromise their immigration status and need to see the proof that they are allowed to take a public funds? Members should not feel that they can't ask for the links

[JB007]

I think “claim” in this context refers to the act of receiving public funds that a foreign national is not entitled to.

I think so too and as I said above, the OPs honesty in her claim form has meant that this was caught be the benefit staff and she has not taken any public funds; she never took any Child Benefit payments.

Although as we have seen in past posts, even those who did take Child Benefit money, have stated that they paid this money back. They said they then filled in their next visa application honestly, showed the receipt to prove they had returned the funds, and were ok.

[Amber]

This forum is not intended to substitute professional advice nor should any member rely on what is said. They should research and obtain professional advice should they have any concerns or issues. No one is required to provide any links, again, members need to research what is said not rely on it. Professional advisors will have liability insurance which covers any negligent advice hence why members should never rely on anything said on this or any other forum. If you don’t like how this forum operates you are free to leave. You cannot advise a person without knowing details of their current status. So prior to rambling you need to establish that, hence why I suggested you refrain from jumping to conclusions.