As what I have experienced when I applied for ILR. We have encountered this supposed to be an issue.

But now we are rest assured that it is all right.

this link http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10140.htm

CBTM10140 - Residence and Immigration: Immigration - Exceptions to the general exclusion
Even if people are subject to immigration control as described in CBTM10120, they may still be able to qualify for child benefit if they are covered by one of the following exceptions.


People subject to a maintenance undertaking

Workers from States, which the EC has an agreement for equal treatment in the field of social security.

A family member of a EEA or Swiss national

Covered by a social security agreement that the UK has agreed with another country

Transitional rules for those in receipt of child benefit before October 1996

Refugees and backdating


A family member of a EEA or Swiss national
The Social security (Immigration and Asylum) Consequential Amendments Regulations 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Great Britain
The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000, regulation 2 (paragraph 1 in Part 2 of the schedule) for Northern Ireland
People who are subject to immigration control are not excluded from entitlement to child benefit if they are a family member (spouse or partner) of a person who is a UK, EEA or Swiss national.

If the child being claimed for is an EEA national, this would also allow for this exception to apply.