Child benefit and immigration question

northern_star

northern_star wrote:

I think any form of benefit counts as "public funds" in this case.

I share an office with a colleague whose field this is and I have overheard similar questions many times. Immigration law is complex (as I'm sure you know) but I have heard of cases where people have claimed and then had to repay everything at a later date because of the "no recourse to public funds" clause. I'm back at work tomorrow so I'll ask her advice on this one and post her reply later.

ps Have you asked the Home Office to clarify?

I spoke to my colleague this morning and she confirmed that, to the best of her knowledge (& years of experience), you will not be able to claim any of the benefits mentioned.

However she did say that should your wife apply for (and be granted)residency - after 2 years in the country - the rules may then be different.

Citizens Advice might be more helpful on this one.

june1970_2

elvis_bloggs wrote:

Oh yeah, come one come all, get what you can.

I am sorry but i have to agree on this one, it is far to easy to get in to this country.

Voyager2002

BernadetteN wrote:

Would it not be better if your wife is planning to live with you, to have her enter on a wife-settlement Entry Clearance, as ILR is possible after 2 years (unless has changed since I went on mat leave) whereas with a student Entry Clearance, ILR is OUTSIDE the rules only after 10 years - technically after the end of her student conditions, she and child will have to return to China is she has not made it to 10 yearsas a consition of a student EC is that someone intends to leave the UK at the end of studies. Also with ILR, she will be treated as a "home student" and not an overseas one.
Child Benefit IS NOT PAYABLE to children of students (I am assuming you are not the father) but IS payable to children with ILR.
CTC and WTC IS payable for people who are on SETTLEMENT CONDITIONS in the UK whereas it is possible that HMRC will not let your wife claim (or let her be included in a claim you make) because she is on STUDENT CONDITIONS. I am assuming the same for CTC.

We obviously looked into the settlement visa route, but rejected it for two reasons.

Firstly, she needs leave of absence from her job (being a professor) in China. If she just resigned then she would lose too much, in terms of pension rights and other benefits. And she can get leave of absence to study in the UK, but not to come and live here. As part of this process, the Chinese bureacracy will inspect the visa in her passport before she travels, and they will expect to see a student visa. (I'm not sure that they could tell the difference if they found a spouse's visa, but it is not worth taking the risk.)

Secondly, the settlement visa is expensive, and only lasts for one year. At the end of the second year, and again at the end of the third year, it is necessary to apply for leave to remain in the UK. This is a tedious bureaucratic process, again with a hefty fee (more than 300 pounds each time). Only after three years could she apply for indefinite leave to remain. You will note that the regulations changed fairly recently.

OTOH the student visa lasts for four years, and once she has been here for three years or more she will be able to apply for indefinite leave to remain in exactly the same way as if she had been here on a settlement visa.

I admit that when I made the calculations I forgot to take account of child benefit, but I don't think it would change the conclusion. (The other benefits are means-tested so we are unlikely to be eligible in any case.)

The above just shows how complicated life can become!

wolfehouse

i couldn't say when she'd be entitiled to do it but if child benefit is in your name and not OHs she will not get the national insurance contributions that people get who care for a child and do not work.
this may later affect her state pension entitlement (assuming she takes immigration status) and assuming state pensions are still calculated as now.
just more food for thought.

Spendless

june1970 wrote:

I am sorry but i have to agree on this one, it is far to easy to get in to this country.

did you actually read any of the other replies? The answer has been that no he is not allowed any benefits, and will have to pay for things like medical care if needed.

Voyager2002

bigmuffins wrote:

If you are British and already married abroad, best to enter on spouse visa as will only cause complications later otherwise. Can contact UK Immigration Advisory Service (charity) - they will give you info and advice.

http://www.iasuk.org/

That way you will be able to claim any benefits (eg NHS CB etc) you are legally entitled to AND MAY be entitled to home student status. Although I think you may need to be resident for x years first. Anyway, if you enter as student and then try to change status, may be problematic.
On spouse visa, used to be that after 1 year could apply for citizenship or permanent residency, do not need to renew. Don't think has changed.
Good luck!

I am British, and we got married right here in the UK.

Thanks for the link, but complications later only arrive if she enters on a visa valid for six months or less, or of course if she is her illegally.

No, to get home status as a student you must have lived within the EU for at least three years, and must not have been here for educational reasons or it does not count.

No, the spouse's visa will only give permanent reidency after three years now. And citizenship only if you apply (and pay a hefty fee): a spouse can apply after living here for four years (or perhaps longer now).

CIS

As long as one of the climants is allowed to remain and work in the UK (ie You), then you can claim tax credits as a couple.

The Tax Credits (Immigration) Regulations 2003, Reg. 3(2) and (3)

Provided one member of a couple is not subject to immigration control, or is covered by one of the exceptions to the general exclusion, or is benefiting from the transitional rules, the couple is entitled to CTC or WTC (or both) as though:

* neither of them were subject to immigration control (as if the other partner were not subject to immigration control); or
* both of them were covered by the exception or transitional rule that applies to the other partner.

Entitlement to CTC and WTC is not limited according to the immigration status of any children or young people for whom the claimant is, or claimants are, responsible.

elvis_bloggs

Spendless wrote:

did you actually read any of the other replies? The answer has been that no he is not allowed any benefits, and will have to pay for things like medical care if needed.

I think "get what you can" covers that.

BernadetteN

Voyager2002,

I take it you have read through the Immigration Directorate Instructions (IDIs) which is the manual that UK Immigration and Nationality Directorate (IND) and UK Visas use in granting Limited Leave to Enter (LLE) and Indefinite Leave to Remain (ILR).

I wasn't aware of any change in rules regarding students being granted ILR within the IDIs, but I could be wrong as I'm on maternity leave at the moment so might have missed something. I can't get in to the right chapter of IDIs on my computer to check this.

You are SO right regards fees for extending Limited Leave to Remain (LLR) and Indefinite Leave to Remain (ILR) - asylum seekers pay nothing, or Romanians, Bulgarians - your wife is the wrong nationality. One tipe is it's a good idea that if and when she gets ILR, have it put in a newish passport as you have to pay every time it is transferred to a new passport - by the time the ILR runs out, we may have ID cards for residents then which will cost less perhaps?????

gregg1

june1970 wrote:

I am sorry but i have to agree on this one, it is far to easy to get in to this country.

yes - why has he been reported for merely passing an opinion which, just maybe, other people are also thinking?