British citizen wife on spouse visa under new rules

[pt1988]

Hi I am a birtish citizen and my wife is currently on a spouse visa under the new rules, my situation is that we are having our first baby in November and would like to know if I can claim child benefit and child tax credit? my wifes visa says no recourse to public funds and also I had to fill out a su07 sponsor undertaking form on request of vfs embassy in Mumbai for my wife.

does the sponsor undertaking means I cannot claim any benefits and if I do will it effect my wifes FLR application?

please advise, I've heared mix opinions and where I can get correct info.

[Amber]

Don't know why you were made to sign an undertaking, seems futile. You should perhaps complain.

Nonetheless, you should claim child benefit in your name and tax credits jointly. You may be able to claim the sure start maternity grant if you receive a qualifying benefit, if not, apply for the grant within 3 months of the birth, then again if you get tax credits.

[pt1988]

Don't know why you were made to sign an undertaking, seems futile. You should perhaps complain.

Nonetheless, you should claim child benefit in your name and tax credits jointly. You may be able to claim the sure start maternity grant if you receive a qualifying benefit, if not, apply for the grant within 3 months of the birth, then again if you get tax credits.

So say I claim them benifits and when it comes to my wifes FLR, can UKBA refuse her saying because you have claimed public funds and at the time of application you were Made to sign su07 form we therefore refuse you FLR?

Also how is it possible for me to claim stat maternity grant on my name is it not the females who claim this?

[Amber]

Don't know why you were made to sign an undertaking, seems futile. You should perhaps complain.

Nonetheless, you should claim child benefit in your name and tax credits jointly. You may be able to claim the sure start maternity grant if you receive a qualifying benefit, if not, apply for the grant within 3 months of the birth, then again if you get tax credits.

So say I claim them benifits and when it comes to my wifes FLR, can UKBA refuse her saying because you have claimed public funds and at the time of application you were Made to sign su07 form we therefore refuse you FLR?

Also how is it possible for me to claim stat maternity grant on my name is it not the females who claim this?

No, either parent can claim the grant. You are permitted to claim tax credits in joint names, the child benefit must be in your name.

[pt1988]

Don't know why you were made to sign an undertaking, seems futile. You should perhaps complain.

Nonetheless, you should claim child benefit in your name and tax credits jointly. You may be able to claim the sure start maternity grant if you receive a qualifying benefit, if not, apply for the grant within 3 months of the birth, then again if you get tax credits.

So say I claim them benifits and when it comes to my wifes FLR, can UKBA refuse her saying because you have claimed public funds and at the time of application you were Made to sign su07 form we therefore refuse you FLR?

Also how is it possible for me to claim stat maternity grant on my name is it not the females who claim this?

No, either parent can claim the grant. You are permitted to claim tax credits in joint names, the child benefit must be in your name.

Can you be 100% sure claiming benefits will not create a problem due to SU07 FORM SUBMITTED.

quote from su07 "I hereby undertake that, if the sponsored person named above is granted leave to enter the UK on a permanent basis, I shall be responsible for his/her maintenance, accommodation and care in the UK for a period of five years from the date of their entry to the UK. I am further aware that the sponsored individual will have no recourse to public funds for five years from the date of their entry to the UK.
Or;
If the sponsored person named above is granted limited leave to enter the UK, I shall be responsible for his/her maintenance, accommodation and care in the UK without recourse to public funds for the duration of that limited leave to enter."

[Amber]

You're claiming for the child!

Once you jointly claim tax credits, it's not considered a public fund.

[pt1988]

You're claiming for the child!

Once you jointly claim tax credits, it's not considered a public fund.

Oh so basicly im claiming for the child and that undertaking I signed was for my wife?

Also I live in a joint family joint household so the income for the household income criteria is the total household income or just for my own family?

[Amber]

You're claiming for the child!

Once you jointly claim tax credits, it's not considered a public fund.

Oh so basicly im claiming for the child and that undertaking I signed was for my wife?

Also I live in a joint family joint household so the income for the household income criteria is the total household income or just for my own family?

Indeed, you'll be claiming for the child. Moreover, the tax credits can be rightly claimed as a couple.

It depends who is responsible for the rent and who us liable for the council tax, the other people would face a non-dependent deduction, but for the children under 18. You can go to your local council and ask for an entitlement estimate, be sure to tell any benefits agency/local authority that your wife us subject to immigration control.

[pt1988]

You're claiming for the child!

Once you jointly claim tax credits, it's not considered a public fund.

Oh so basicly im claiming for the child and that undertaking I signed was for my wife?

Also I live in a joint family joint household so the income for the household income criteria is the total household income or just for my own family?

Indeed, you'll be claiming for the child. Moreover, the tax credits can be rightly claimed as a couple.

It depends who is responsible for the rent and who us liable for the council tax, the other people would face a non-dependent deduction, but for the children under 18. You can go to your local council and ask for an entitlement estimate, be sure to tell any benefits agency/local authority that your wife us subject to immigration control.

Thanks for all your help, finally if I was to ask the same questions to UKBA where would I email them or phone?

[Amber]

You're claiming for the child!

Once you jointly claim tax credits, it's not considered a public fund.

Oh so basicly im claiming for the child and that undertaking I signed was for my wife?

Also I live in a joint family joint household so the income for the household income criteria is the total household income or just for my own family?

Indeed, you'll be claiming for the child. Moreover, the tax credits can be rightly claimed as a couple.

It depends who is responsible for the rent and who us liable for the council tax, the other people would face a non-dependent deduction, but for the children under 18. You can go to your local council and ask for an entitlement estimate, be sure to tell any benefits agency/local authority that your wife us subject to immigration control.

Thanks for all your help, finally if I was to ask the same questions to UKBA where would I email them or phone?

Depends what the question was?

[pt1988]

Oh so basicly im claiming for the child and that undertaking I signed was for my wife?

Also I live in a joint family joint household so the income for the household income criteria is the total household income or just for my own family?

Indeed, you'll be claiming for the child. Moreover, the tax credits can be rightly claimed as a couple.

It depends who is responsible for the rent and who us liable for the council tax, the other people would face a non-dependent deduction, but for the children under 18. You can go to your local council and ask for an entitlement estimate, be sure to tell any benefits agency/local authority that your wife us subject to immigration control.

Thanks for all your help, finally if I was to ask the same questions to UKBA where would I email them or phone?

Depends what the question was?

Same questiona I asked you but the answers coming from UKBA so I could save their email for any future correspondence if you know what I mean?

Also how and where do I complaint about su07 being asked from me although there is no requirement?

[Amber]

See contact (click)