BARISH wrote:hi
recently i got visa for my 13 yrs old son. he got ILE stamped on his passport . when i applied for his visa i have signed sponsorship undertaking form SU07/12, and by that form sponsor individual don't have resources to public funds for 5 years and i should be providing for his well being n others. i have got my british citizenship in april 2012. I am only the legal parents of my son. my question can i apply for any kind of benefits or not at all for 5 years period. he is coming in end of this July.. please help me i am so confused.
thank you
Undertakings are not usually for children but other dep relatives like parents and grandparents, they must have viewed your case as exceptional. If the caseworker didn't explain clearly about the undertaking you can raise a complaint. The undertaking is regrading maintenance and accommodation. You are enquiring about maintenance.
When you signed the sponsorship you did so on the understanding that you would maintain the sponsor, in this case the child, without claiming any public funds in respect of the person being sponsored. Although, people being sponsored are able to claim child benefit if they have ILE you could possibly (at a stretch) argue that you could legitimately claim child benefit for the child. However, tax credits is not mentioned. Although you, nor your child are subject to immigration control, you have signed a legally binding contract with the government. One that can pose criminal liability. Moreover, the DWP will be informed of the undertaking and more than likely the HMRC too. As the consequences could be severe I recommend that you seek legal advice from an OISC registered advisor so that you have someone to hold accountable should the advice prove incorrect.
