Claiming Child Benefits Under Spouse Visa

[Hannah2013]

Hello,

I need some help about my ILR application. My spouse is British we have one child born here in UK.

He claimed Working Tax Credit joint in my name, but he put my bank details to claim Child Benefits as a primary carer,so £20 a week go to my account. My question: Is this gonna affect my ILR application? Because of no recourse to public funds? Please help.

Many thanks

[Terpe]

Hi Hannah, welcome aboard Filipino UK

Your British husband is fully entitled to claim Child Benefit and should do so.
He is also fully entitled to have the money paid into your account.

As long as it was all done correctly with HMRC it will not impact your ILR since you are not the named claimant. It's only you as the partner of the claimant who has been allowed to receive the payments.

Does that help ?

[malchard888]

Hi Hannah, welcome aboard Filipino UK

Your British husband is fully entitled to claim Child Benefit and should do so.
He is also fully entitled to have the money paid into your account.

As long as it was all done correctly with HMRC it will not impact your ILR since you are not the named claimant. It's only you as the partner of the claimant who has been allowed to receive the payments.

Does that help ?

We are in a similar position, I claim the child allowance and get it paid into my account as that seems to be the easiest way to do it.

[Terpe]

We are in a similar position, I claim the child allowance and get it paid into my account as that seems to be the easiest way to do it.

A friend of my wife has the same arrangement. She recently had her ILR granted without any issue.

[Hannah2013]

Thanks so much that is really a relief for me, I am really worried .
I feel much better now. Another thing I tick the Child Benifits into my application form because I am thevone who recieved the money. Is it will be ok? Thanks again.

[Hannah2013]

yes Terpe it help me a lot thanks so much

[Hannah2013]

ty terpe

[purple]

Hi Hannah, welcome to the forum. I was in the same boat as you. Applied to PEO and on the HMRC website, a spouse of an EEA can claim the child benefits under her own name.

However, when I applied the UKBA case officer told me that it's not possible. We did a lot of research.. and instead of 7 working day to grant my ILR using the PEO way.. it took them 28 days.

We changed the claimant. I called HMRC that I am stopping.. then husband applied at the same time took them 14 days. Once we got the letter from the HMRC that my husband is claiming.. UKBA granted my ILR..That was last year. I would say that not all case officer knew the whole technicalities of the rules. Though in general, you can claim under HMRC rules. But your status here in the UK as per UKBA rules .. which is no recourse to public funds.

here's the link
http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10140.htm

and here was the link of the post I did last year.

http://filipinaroses.com/showthread....to+public+fund

[gWaPito]

We Great British tax payers are a generous lot ....

[gWaPito]

Hello,

I need some help about my ILR application. My spouse is British we have one child born here in UK.

He claimed Working Tax Credit joint in my name, but he put my bank details to claim Child Benefits as a primary carer,so £20 a week go to my account. My question: Is this gonna affect my ILR application? Because of no recourse to public funds? Please help.

Many thanks

Not so sure about claiming working tax credits as well, b4 you get ILR

[Terpe]

There's absolutely no problem claiming working tax credits before ILR

[gWaPito]

There's absolutely no problem claiming working tax credits before ILR

What, in her name? She did state they are claiming FTC in joint names

I thought it was only child benefit one cld claim b4 ILR

You've no need to worry - either of you. Believe me ... the Council is fully aware of your situation and would not have offered you the flat if it was likely to affect any future application for Permanent Residence [ILR]. And, since you're receiving Child Benefit and Family Tax Credit in your husband's name, it's not YOU who's claiming public funds. So ... forget what your friend says ... and relax!

http://filipinaroses.com/showthread....plying-for-ILR

[Terpe]

.

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.

[gWaPito]

Interesting Peter. ..it contradicts what I've read thus far. ...I remember quite clearly when my wife and I tried to make a claim for tax credits as well. ...definitely said if you are subject to immigration control - a claim in your name here could affect your status.

I'm at work so haven't the time to look.

Would be good if you cld post the link Peter .

I'm not doubting your source but would be good to know where you are getting this from

Regards
Mark