Eligibility for child benefits and family-rate housing benefit in our circumstances

Sparrowhawk_123

Hi. I am a British citizen living in the UK. I have a wife (an American citizen) and child in the USA. My child has never lived in the UK before but has a British passport. I intend to apply for my wife's UK spouse visa soon, which I will be doing under the special rules for disabled sponsors. My wife and child first intend to come to the UK for 6 months, which is the longest my wife can come for as a visitor. Then they will return to the USA temporarily while I apply for her spouse visa. Once my wife's spouse visa is granted, my wife and child will return to the UK permanently.

What I want to know is, can I apply for child benefit and child tax credit during the 6 months that my child is here, or will I not be eligible for these benefits because he will be going back temporarily to the USA with my wife? What about housing benefit? Will I be eligible for the family-rate of housing benefit during this 6 months, or only the single person's rate, which is what I am currently eligible for? I am on a low income, and it is important that I find out the answers to these questions before my family come here to know what our financial situation will be.

Thanks for any help you can give me.

Sparrowhawk_123

If anybody is able to answer my question, I'd really appreciate your input. Thanks.

Mojisola

Sparrowhawk_123 wrote: »

If anybody is able to answer my question, I'd really appreciate your input. Thanks.

It may be outside the experience of most people on here.

You might get more help from the specialist forums.

I know that people who come here from Europe to work are able to claim Child Benefit for the children they have back home but I don't know whether the same applies if the children live outside Europe.

leftholdingthebaby

You can apply for a fiancee visa as long as you intend to marry in the UK within 6 months, then your wife will not need to return back to the States. After marriage, you would have to apply for 2 year Settlement Visa.

As a British Citizen, your benefits will not be affected, however, your wife will not have recourse to Welfare Benefits or Social Housing. How will she be able to support herself?

As your child holds a British Passport, and on the basis he did not return back to the States after 6 months as per your original plan, then you in your own right would be able to claim for him, however, I'm not sure if he would be subject to the habitual residence period.

If you stick to your original arrangement, the answer is 'no' you would not be able to claim for your son as his permanent address is not in the UK.

Sponsoring your wife is going to be very costly, please bear this in mind.