Got my FLR but also curious...

[janicemae]

Hi all
Today my husband and I travelled to Cardiff and after 5 hours I was awarded my FLR. What a relief:xxgrinning--00xx3:
But we have just been reading the paperwork that they gave me and I have a question I was hoping someone might have the answer for..

I am now pregnant and expecting a baby in Feb..but the paperwork said that I am not eligible for child benefit for any dependants and neither is my partner allowed to claim for any of my dependants?
Where do my husband and I stand with the baby we are expecting?
Is this referring to any children we might already have ( which we dont, this will be our first)
My husband thinks that we should be able to claim as this child will have a uk passport..but we do not want to risk claiming for something that may put us in jeopardy with the immigration law..
If anyone can tell us where we stand it would be most appreciated..
Thnx in advance.

Janice Mae

[stevewool]

i am sure that your husband can claim

[imagine]

i dont know for sure,,,, but i would think you should be able to your baby will be uk born citizen and the allowance is for the child,,

congrats for february, its an excellent month for life, i hope the star sign is aquarian:xxgrinning--00xx3:

[janicemae]

Thanx for the responses guys, its just worrying because the actual statement says...

"Under the immigration rules you are not entitled to receive any public funds to help meet your living and accommodation costs ( or those of any dependants). In addition your sponsor is not entitled to claim or receive any public funds on your behalf. The term "public funds" is defined in paragraph 6 of the immigration rules. the public funds which you are not allowed to claim and receive are listed below"
It then goes on to list loads of different funds such as working tax credit child tax credit and child benefit.
We are at a bit of a loss as to where we will stand, hopefully you are right as my husband also seems to think that as the child is uk born and uk citzen it will be ok...who should we ask for definite answer? or is anyone else in the same boat who has claimed and hasnt been deported?

janicemae

[Moy]

am now pregnant and expecting a baby in Feb..but the paperwork said that I am not eligible for child benefit for any dependants and neither is my partner allowed to claim for any of my dependants?
Where do my husband and I stand with the baby we are expecting?
Is this referring to any children we might already have ( which we dont, this will be our first)

janicemae..as for my understanding your husband is eligible to claim any benefits in connection with your coming child..is he working..? even if not he is still able to claim..
:)if his working he can claim working child tax credit/child benefits :D but claiming in your name is a BIG no:D after ILR maybe..:xxgrinning--00xx3:
as in my case the husband is claiming all of the above..in his name of course..
to make sure try calling the local authority they will give your inf about that..:):xxgrinning--00xx3::rolleyes: i suppose:Jump:

[RickyR]

When it refers to your dependants it to refer to none British Citizens. As your children will be British Citizens they will be entitled too all the benefits that go with it. In any case, the government and the NHS has no system in place for preventing children from being benefactors. As was the case when I was in the UK with Marvie and Angel on visit visas, I ended up paying for Marvie but Angel was entitled to all of her treatment free, as whilst although she was a Filipina on a visit visa, being aged 2 was eligible to free treatment.

[janicemae]

great! thank you very much for the info.my husband does work. i will ensure my husband is the claimant and my name is not on any claims. plus one more question. do i have to get a national insurance number now if i wish to start work?and if so how do i go about obtaining one? thanks again folks, you are all a great source of knowledge.

[rusty]

As the previous responses have said, you will have no problem in claiming child benefit and then possibly child tax credits (depending on your income) if in your partners name. :xxgrinning--00xx3:

With reference to the NI number visit your local Job centre plus or call 0845 600 0643

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/BeginnersGuideToTax/NationalInsurance/IntroductiontoNationalInsurance/DG_190057

[Moy]

husband is the claimant and my name is not on any claims

thats right he is the cliamant but if am correct that is a join claim..if he is goin to claim working tax credit/child benefit:) so literally your name will appear on the application but make sure let the husband inform the local authority about your visa status when applying the said benefit..although its a join claim:rolleyes: it is noted that your immigration status is not illigible as of yet to claim any benefit..:rolleyes::D

:Wave:

[Arthur Little]

Hi all
Today my husband and I travelled to Cardiff and after 5 hours I was awarded my FLR. What a relief :xxgrinning--00xx3:

It's bound to be ... Congratulations! :)


But we have just been reading the paperwork that they gave me and I have a question I was hoping someone might have the answer for..

... we're always delighted to help, Janice Mae.:xxgrinning--00xx3:


I am now pregnant and expecting a baby in Feb.. but the paperwork said that I am not eligible for child benefit for any dependants and neither is my partner allowed to claim for any of my dependants?
Where do my husband and I stand with the baby we are expecting?
Is this referring to any children we might already have ( which we dont, this will be our first)
My husband thinks that we should be able to claim as this child will have a uk passport..but we do not want to risk claiming for something that may put us in jeopardy with the immigration law..
If anyone can tell us where we stand it would be most appreciated..
Thnx in advance.

Janice Mae

Congratulations in this respect, too. :iagree: the paperwork can be confusing to people who've not long come here ... but - from what others have said in response to your query - your husband IS entitled to receive some form of child allowance.

[Terpe]

Well, Public Funds include a range of state benefits that are given to people who qualify.

It would be wise to take a little time to do some self-research a little about these Public Funds. At least to know that they do not include all the different kinds benefit that can be claimed and made payable by the UK Government.
To really understand specifically what these Public Funds are, they are defined in paragraph 6 of the Immigration Rules. (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/introduction)

To guide you with your research the Home Office has produced a leaflet that nicely explains what Public Funds you can and cannot claim if the visa condition applies to you. It also explains what will happen if you break the condition

That leaflet is called No Recourse To Public Funds (http://www.readingcab.org.uk/Files%20for%20immigration/no_recourse_to_public_funds.pdf)

Take a good look at the table on page 6

There are many cases where you will not be able to make any claim for the benefits that count as public funds in your own name.
But, there are some claims that can be made in the name of your UK Citizen spouse/civil partner that will not count as recourse to public funds.

Child Benefit
The UK Citizen spouse/civil partner can claim Child Benefits in his own name.
See the HMRC booklet Child Benefit if you are coming from abroad or going abroad (http://www.hmrc.gov.uk/childbenefit/ch5_notes.pdf)

Also see this leaflet called Child Benefit -Getting your claim right (http://www.hmrc.gov.uk/childbenefit/ch2-2007-notes.pdf)
Extract - "Who should claim Child Benefit?
You should fill in this claim form if you are responsible for a child. You do not need to be the parent of the child and you may be able to get Child Benefit even if the child does not live with you. Only one person can receive Child Benefit for a child."
Means stepchildren are included and can be claimed for.


Tax Credits
Tax credits were introduced in 2003, and the immigration rules were subsequently modified in 2005.
The rule change in 2005 affects couples where one partner is not subject to immigration control (eg. UK Citizen or permanent resident).
The rule addresses both working tax credits and child tax credits.
Under the rule, a couple may claim both these credits without jeopardizing any immigration status of the person subject to immigration control.
Means, a couple can claim child tax credits and/or working tax credits as long as one partner is a British citizen or otherwise exempt from immigration control.

When claiming any Tax Credit your UK citizen spouse/civil partner should tick the box for himself as the claimant.

Claims for Tax Credits are assessed jointly if you are living with a spouse or partner who is allowed to claim tax credits.
It will automatically be a joint application at the request of HMRC and your name will therefore appear. This is not a problem for you.

Here is some useful information from HMRC called What are Tax Credits (http://taxcredits.hmrc.gov.uk/Qualify/WhatAreTaxCredits.aspx) and this page also has other useful links too.


Now, there are some other benefits such as, Contribution Based Jobseeker's Allowance, Housing Benefit and Council Tax benefit which although may technically be claimed under certain very specific conditions,
I would strongly suggest not to make any claims unless you are 100% certain of the appropriate legislation and can secure written confirmation of such from the legal teams of each concerned department.

In other words, even though it's technically possible (with knowledge of the legislation) it's safer to leave well alone until you have your hands on that ILR

[rusty]

In other words, even though it's technically possible (with knowledge of the legislation) it's safer to leave well alone until you have your hands on that ILR

They will be able to claim those benefits.

Since my wife was here on a spouse visa we have claimed child beneift and tax credits.

It even has a section on the ILR forms as to what benefits were claimed and in who's name, and as stated earlier, the claims were in my name and we had no problems in being issued with her ILR. :xxgrinning--00xx3:

[Terpe]

They will be able to claim those benefits.

Since my wife was here on a spouse visa we have claimed child beneift and tax credits.

It even has a section on the ILR forms as to what benefits were claimed and in who's name, and as stated earlier, the claims were in my name and we had no problems in being issued with her ILR. :xxgrinning--00xx3:

That is exactly what I said in my post rusty :Erm:

You actually picked a quote out of context. Sorry if it wasn't more clear:-


Now, there are some other benefits such as, Contribution Based Jobseeker's Allowance, Housing Benefit and Council Tax benefit which although may technically be claimed under certain very specific conditions,
I would strongly suggest not to make any claims unless you are 100% certain of the appropriate legislation and can secure written confirmation of such from the legal teams of each concerned department.

In other words, even though it's technically possible (with knowledge of the legislation) it's safer to leave well alone until you have your hands on that ILR

The complete body of my post above that, plus all the links I provided are indicating all the benefits available for legal claiming and exactly how to go about that.

[rusty]

You actually picked a quote out of context.

Apologies for not fully reading your post, I thought you were referring to all benefits when you said not to claim.

I know that you always give clear, concise advice, keep up the good work. :xxgrinning--00xx3: