UK Child Benefits

[alfiemoon]

If I bring my fiancee and my child (age 7) to the UK are there any child benefits that I am excluded from claiming if I am not subject to immigration control but my fiancee and child are subject to immigration control?

I am particularly thinking of child benefit, child tax credit, free healthcare (Fiancee also) and free schooling.

From what I can gather I think that we would be entitled to all these benefits but I would appreciate the wisdom and personal experience of forum members.

Many thanks,
Alfie

[Terpe]

alfiemoon,

Please look here for full UKBA guidance:-

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

As you can see it's quite detailed and helpful.

Here is an Extract from page 14
This page tells you about exceptions to claiming public funds that may apply because of the nationality of a person’s family member.
A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds that they are entitled to.
Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control then for tax credits purposes neither are treated as being subject to immigration control.
If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European economic area (EEA) they can claimcertain public funds if they have a right to reside in the UK.
For more information on the funds that an EEA national can claim and a list of EEA
countries, please see link on right: Public funds that EEA nationals can claim.


Hope this will help you.

[malditako]

if your child holds a british passport u can apply for child benefits, as for tax credits i think u need to wait for ur fiancee to have flr first as they require national insurance number of both parents.

[joebloggs]

are you the bio father of the child ?

[alfiemoon]

Thanks for the replies. It would seem to me that it is not the immigration control status of the child that is relevant but if one parent is British and ordinarily resident in the UK then they are eligible to claim benefits. Therefore I don't think it is correct to look at the child's passport or even the immigration status of an overseas fiancee when claiming most benefits.

I suppose it could be a problem to claim Working Tax Credit for a fiancee where he/she does not have the right to work in the UK!!!!

Alfie

[alfiemoon]

are you the bio father of the child ?

Yes

[RickyR]

Be aware though, that when actually applying for your visas, you should be able to prove that all of you can live sufficiently in the UK without recourse to public funds (claiming benefits).
If after your in the UK, your circumstances change and you claim benefits, then thats different.
As for Healthcare, they will be entitled to that immediately upon arrival with the visas.

[Terpe]

Be aware though, that when actually applying for your visas, you should be able to prove that all of you can live sufficiently in the UK without recourse to public funds (claiming benefits).
If after your in the UK, your circumstances change and you claim benefits, then thats different.
As for Healthcare, they will be entitled to that immediately upon arrival with the visas.

Valid point.
May well still need to demonstrate £160 per week disposable income (couple with one child) to be secure.

[joebloggs]

Thanks for the replies. It would seem to me that it is not the immigration control status of the child that is relevant but if one parent is British and ordinarily resident in the UK then they are eligible to claim benefits. Therefore I don't think it is correct to look at the child's passport or even the immigration status of an overseas fiancee when claiming most benefits.

I suppose it could be a problem to claim Working Tax Credit for a fiancee where he/she does not have the right to work in the UK!!!!

Alfie

have you not applied for a british passport for your child ?

http://www.ukba.homeoffice.gov.uk/br...britishfather/

the immigration status of your fiancee is important becuase if she has no recourse to public funds, then YOUR not allowed to claim MORE of a benefit becuase she lives with you...

but tax creds and child benefit should not be a problem for you to claim for your child.

[KeithD]

http://www.londonelegance.com/transp...licfunds.shtml

[joebloggs]

http://www.londonelegance.com/transp...licfunds.shtml

at last a useful link posted by scouser keith

i was tempted to give you a rep

even thou hes nicked the website from me

[KeithD]

I'll spank you big boy

[alfiemoon]

Thanks for the help guys. In answer to a couple of points raised :-

1. I personally have no problem proving I have adequate funds. Some of the benefits in UK (eg child benefit) are not income related - although I believe child benefit is in fact changing a little and reduced if you earn over £40k pa I think.

2. I have decided not to apply for a British passport for my daughter because I am British By Descent and if she applies when she is here she will then be British Otherwise Than By Descent which means she can pass on British Citizenship to her children (when the time comes).

Cheers
Alfie
PS - sad about Tommy wasn't it

[keithAngel]

Simply put, a married (unmarried, civil partnership) 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.

[joebloggs]

2. I have decided not to apply for a British passport for my daughter because I am British By Descent and if she applies when she is here she will then be British Otherwise Than By Descent which means she can pass on British Citizenship to her children (when the time comes).

Cheers
Alfie
PS - sad about Tommy wasn't it

the only time i didn't ask if you were born in the uk

where was your daughter born ?

[alfiemoon]

the only time i didn't ask if you were born in the uk

where was your daughter born ?

Joe,
She was born in The Philippines
Alfie

[joebloggs]

i see, so sher cant apply for a british passport in the phils anyway..

has to come to the uk, i think she has to be here 3 yrs..

[alfiemoon]

i see, so sher cant apply for a british passport in the phils anyway..

has to come to the uk, i think she has to be here 3 yrs..

Joe,
Why would she not be able to get a British passport? I swore an affidavit of paternity in The Phils and her passport and birth cert is in my name. I vaguely recall some UK law about children born before July 2003 (which she was) that may prevent her from having British passport but to be honest I'm not sure.
Would appreciate your wisdom
Alfie

[joebloggs]

Joe,
Why would she not be able to get a British passport? I swore an affidavit of paternity in The Phils and her passport and birth cert is in my name. I vaguely recall some UK law about children born before July 2003 (which she was) that may prevent her from having British passport but to be honest I'm not sure.
Would appreciate your wisdom
Alfie

2. I have decided not to apply for a British passport for my daughter because I am British By Descent

are you "British By Descent" ? you were born outside the uk ?

[alfiemoon]

are you "British By Descent" ? you were born outside the uk ?

Yes I was born outside of the UK (in a British Military Hospital) but both my parents are British and born in the UK so they are British Otherwise Than By Descent

Cheers
Alfie