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Thread: child benefit/ ilr status

  1. #1
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    child benefit/ ilr status

    morning all

    with the recent birth of our daughter mia . we are now entitled to child benefit for her, this will be received monthly, and paid direct into a bank account,
    i have received the letter of comfirmation,addressed to myself as i was the one who made the claim,
    when i made the claim i put her mothers bank details on the form as the account that i would like to have the money put into.

    now that we have had the confirmation of child benefit i was thinking
    will haveing the money paid into my wifes bank account,have any effect on her ilr when we apply for that ,
    currently she on flr with no access to public funds,

    any advice ?


  2. #2
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    Quote Originally Posted by jimcarie View Post
    morning all

    with the recent birth of our daughter mia . we are now entitled to child benefit for her, this will be received monthly, and paid direct into a bank account,
    i have received the letter of comfirmation,addressed to myself as i was the one who made the claim,
    when i made the claim i put her mothers bank details on the form as the account that i would like to have the money put into.

    now that we have had the confirmation of child benefit i was thinking
    will haveing the money paid into my wifes bank account,have any effect on her ilr when we apply for that ,
    currently she on flr with no access to public funds,

    any advice ?
    Not sure about that BUT definitely there are numerous questions in the applications about all the benefits you received. She also need to send a copy of her bank statement.

    During my application, I have never received any and avoid to claim any. And now I've got my ILR, I'm entitled to receive JSA + support allowance (after my surgery) which totalled 120£/ week for 3 months. I will also receive ILA allowance 200£ for my studies.


  3. #3
    Respected Member IainBusby's Avatar
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    Quote Originally Posted by jimcarie View Post
    morning all

    with the recent birth of our daughter mia . we are now entitled to child benefit for her, this will be received monthly, and paid direct into a bank account,
    i have received the letter of comfirmation,addressed to myself as i was the one who made the claim,
    when i made the claim i put her mothers bank details on the form as the account that i would like to have the money put into.

    now that we have had the confirmation of child benefit i was thinking
    will haveing the money paid into my wifes bank account,have any effect on her ilr when we apply for that ,
    currently she on flr with no access to public funds,

    any advice ?
    This will have no effect at all on her application for ILR as Child Benefit does not come under the general definition of "Public Funds". Child Benefit is paid for every child living in the UK regardless of the immigration status of either of the child's parents.
    Iain.


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    Quote Originally Posted by IainBusby View Post
    This will have no effect at all on her application for ILR as Child Benefit does not come under the general definition of "Public Funds". Child Benefit is paid for every child living in the UK regardless of the immigration status of either of the child's parents.
    Iain.
    Are you really sure about this?

    http://www.ukba.homeoffice.gov.uk/si...ublicfunds.pdf

    Child benefit is listed as a public fund.

    Though I agree that in this case it won't have an impact on her application as the British spouse is entitled to claim it.


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    Well according to my paper from home office,#6 I am not allowed to claim child benefit,with my FLR status Iain, I will scan it later and put attachment here, but quite complicated thou since jim is the one who claim the benefit anyway, its just he use the account # only of Elena,


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    Here's some more information from http://www.hmrc.gov.uk/childbenefit/arrivals-to-uk.htm

    If you're subject to 'immigration control'
    You may not be able to get Child Benefit if you're subject to 'immigration control'. Immigration control means either:

    - the Home Office says you have permission to stay in the UK (known as ‘leave to enter or remain’) but this permission is given to you on the grounds that you don’t claim some benefits, tax credits or housing help paid by the UK government (known as ‘recourse to public funds’)
    - you need permission to stay in the UK – again known as ‘leave to enter or remain’- but you don’t have it

    Sometimes if you’re subject to immigration control you might still be able to claim Child Benefit, for example if you're from a country with which the UK has a social security agreement that covers Child Benefit.


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    Respected Member IainBusby's Avatar
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    Quote Originally Posted by darren-b View Post
    Are you really sure about this?

    http://www.ukba.homeoffice.gov.uk/si...ublicfunds.pdf

    Child benefit is listed as a public fund.

    Though I agree that in this case it won't have an impact on her application as the British spouse is entitled to claim it.
    Quote Originally Posted by Mrs.JMajor View Post
    Well according to my paper from home office,#6 I am not allowed to claim child benefit,with my FLR status Iain, I will scan it later and put attachment here, but quite complicated thou since jim is the one who claim the benefit anyway, its just he use the account # only of Elena,

    Quote Originally Posted by darren-b View Post
    Here's some more information from http://www.hmrc.gov.uk/childbenefit/arrivals-to-uk.htm

    If you're subject to 'immigration control'
    You may not be able to get Child Benefit if you're subject to 'immigration control'. Immigration control means either:

    - the Home Office says you have permission to stay in the UK (known as ‘leave to enter or remain’) but this permission is given to you on the grounds that you don’t claim some benefits, tax credits or housing help paid by the UK government (known as ‘recourse to public funds’)
    - you need permission to stay in the UK – again known as ‘leave to enter or remain’- but you don’t have it

    Sometimes if you’re subject to immigration control you might still be able to claim Child Benefit, for example if you're from a country with which the UK has a social security agreement that covers Child Benefit.
    I don't really know about FLR because my wife and I married in the Philippines so we skipped that bit, but as soon as we brougt my step-daughter here to the UK, we claimed Child Benefit for her and my wife even used the Child benefit letters as evidence when she appled for ILR. I always assumed that Child Benefit was paid for every child in the UK regardless of the wealth, income or immigration status of the parents.

    Iain.


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    Quote Originally Posted by IainBusby View Post
    I don't really know about FLR because my wife and I married in the Philippines so we skipped that bit, but as soon as we brougt my step-daughter here to the UK, we claimed Child Benefit for her and my wife even used the Child benefit letters as evidence when she appled for ILR. I always assumed that Child Benefit was paid for every child in the UK regardless of the wealth, income or immigration status of the parents.

    Iain.
    FLR and spouse visa are similar - neither lets you claim from public funds yourself.

    I think your assumption is incorrect as my understanding is that child benefit can only be claimed by anyone resident in the UK who is entitled to claim public funds who is responsible for a child living them.


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    Respected Member IainBusby's Avatar
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    Quote Originally Posted by darren-b View Post
    FLR and spouse visa are similar - neither lets you claim from public funds yourself.

    I think your assumption is incorrect as my understanding is that child benefit can only be claimed by anyone resident in the UK who is entitled to claim public funds who is responsible for a child living them.
    I can't remember the details of how we filled in the claim form for Child Benefit, but the money is and always has been paid to my wife.
    Iain.


  10. #10
    Respected Member aug06_2006's Avatar
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    My hubby filled the form for child benefit not me coz I am not allowed to claimed any public funds coz I'm in FLR VISA not ILR.


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    we applied for Yujin's child benefit last february, until now we haven't heard anything from it. they said that it will take long because he's foreign.. and then first week of May we applied for Isaac's.. still waiting for the result.


  12. #12
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    Btw, it was my hubby who's claiming and it will be in his account, when granted.


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    The person who made the claim for child benefit is the one who is receiving public funds regardless of which bank account it is paid into.

    Also don't forget family tax credits
    Mark, Cristina & Raffy


  14. #14
    Respected Member vbkelly's Avatar
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    i thought every child have a rights to recieve an allowance from gov. as long as the child is live in the uk and one of the parent is british. hmmmm not sure.
    all things are possible!


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    Quote Originally Posted by vbkelly View Post
    i thought every child have a rights to recieve an allowance from gov. as long as the child is live in the uk and one of the parent is british. hmmmm not sure.
    Your right we discussed it this morning (hubby) and actually that was the right term "allowance" they call it child benefit even he/she foreigner once the kid landed in UK(settlement visa), govt give allowance to them


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    Respected Member vbkelly's Avatar
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    both filipino parents and they works and live here in uk and their children recieved allowance from gov aswell, so that means as long as parent work and live here in uk where ever you came from and you paid tax your children have rights to recieve an allowance from gov.
    all things are possible!


  17. #17
    Moderator joebloggs's Avatar
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    Quote Originally Posted by vbkelly View Post
    both filipino parents and they works and live here in uk and their children recieved allowance from gov aswell, so that means as long as parent work and live here in uk where ever you came from and you paid tax your children have rights to recieve an allowance from gov.
    should not be unless one has at least ILR,

    as for Child Benefit ..

    9.2 - Public funds ..
    * The British/settled spouse/civil partners may claim Working Tax Credits and Child Benefit for his or her family if they are entitled to this under the Department for Work and Pensions legislation. There is no objection to the British citizen/settled sponsor receiving any public funds to which he/she is entitled in his/her own right. The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant. The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules.

    i'm not so sure it is a good idea putting the money in your misses bank account , the payments will show up on her bank statements

    more importantly i put the benefits in my name and bank account, stops her spending it all


  18. #18
    Respected Member misscarie's Avatar
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    [QUOTE]
    Quote Originally Posted by joebloggs;140390[/QUOTE
    put the benefits in my name and bank account, stops her spending it all

    i'm not a big spender Joe

    btw,welcome back


    "You don't have to be a certain age to fall in love;
    although you've maybe been told you're to young.
    For those who tell you that,
    that don't know what is.
    "


  19. #19
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    Quote Originally Posted by misscarie View Post
    i'm not a big spender Joe

    btw,welcome back
    Jim said, you are


  20. #20
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    women are big spenders, at least my wife is.


  21. #21
    Moderator joebloggs's Avatar
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    Quote Originally Posted by jimeve View Post
    women are big spenders, at least my wife is.

    quote from my misses 'it's only money'

    but she's learnt the hard way , it's easy to spend someone else's money, she's not so happy when it comes to her pay days and has to give me most of her wages


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