Benefit claim

[Mohammad shahjahan]

Me and my wife permanent residence, my son has born USA. He has been living with us since Jan 2011. The time we got apply 10 years long residence category ( we both complete 10 years ). we could not include our son with our any of them application and apply for under FLR(O) category and
got visa 30 months. But on visa there is condition no public funds, therefore, i would not be able to apply any public funds for him.

(1) Can i obtain child benefit or child tax credit on the name of my son?

(2) Can i change my son status mean apply for permanent resident or apply directly citizenship if my son eligible either of them category then what is the procedure.

(3) we need Housing benefit now, would i be able to apply on his name.

Please can you help me to give advice regarding the immigration matters.

[Mohammad shahjahan]

Me and my wife permanent residence, my son has born USA. He has been living with us since Jan 2011. The time we got apply 10 years long residence category ( we both complete 10 years ). we could not include our son with our any of them application and apply for under FLR(O) category and
got visa 30 months. But on visa there is condition no public funds, therefore, i would not be able to apply any public funds for him.

(1) Can i obtain child benefit or child tax credit on the name of my son?

(2) Can i change my son status mean apply for permanent resident or apply directly citizenship if my son eligible either of them category then what is the procedure.

(3) we need Housing benefit now, would i be able to apply on his name.

Please can you help me to give advice regarding the immigration matters.

Code: Select all

[Amber]

Assuming both parents have ILR.

1. Yes.
2. Yes, see SET(F).
3. Why on the child's name? Adults apply for benefit, not children.

[Amber]

Thanks for quick response

You advice me, although my son who born USA and obtain visa 30 months under FLR(O) having a condition NO PUBLIC FUNDS can have access public funds. We parents having ILR both. My questions:

1. with my son biometric card there was a letter that nor applicant or sponsor on name of applicant ( my son) will not be able to get public fund. Therefore, if i apply for him child benefit and child tax credit on his name which will lead to violate the condition of the Home office letter?


2. If i apply for him SET (F) there is public funds section where, there is two places where i need to tick, one is SPONSOR ( parents) and another is applicant ( my son), therefore, which one i have to tick. If i take public fund would it be affected his application? Both parents are working, me working 16 hours and my wife working 12 hours. As a sponsor with low income would affect his application.

3. Please can you give me link so that i can see if parents having ILR, can access public benefit despite son is having condition of NO PUBLIC FUND as i am confused of having advised from IMMIGRATION ADVISOR that i am not allow access public funds according my son visa condition not to have PUBLIC FUNDS.

Could you clarify me regarding the matters.

[Amber]

If your son has no recourse to public funds how does that make you have no recourse to public funds? The only time that would be the case is if you signed a 5 year undertaking during a leave to enter the UK application.

[vinny]

My son born in USA and having on now discretionary visa (FLR-O) 30 months. we parents both have got ILR on july 2013. My question is:

1. As we are applying for our naturalisation on july 2014. will we be able to include our son with our naturalisation family application which set out section 3.1 Nationality Act 1981. Or before application with us my son has to apply for SET(F) to obtain ILR. MY question is without obtain ILR( SET F), can we include our son when we apply for naturalisation on july 2014. If apply, how likely he will be registered as British citizen. or having any legal obligation as he born in USA. He joined with us on 11 January 2011. He born in USA on 14 of February 2009.

2. is he entitled to get all benefits as his visa letter states neither he or his sponsor can apply or get benefit on his behalf.

[Amber]

Your questions have already been answered.