Claming child benefits first time

sju

Hi All
I had my DLR 2.5 yrs last year in june and then my daughter got registered as british citizen in November same year
now i wanted to ask if i can clam any sort of benefits on behalf of her

i called Child Benefits helpline and i was told that i cant cause even though my daughter is british citizen
and even i went to see CAB and they kept me running from pillar to post ...........

can any advisor put some light on this matter pls
as i belive there must be many in same boat


Ali

sju

Isn't there any one to answer on this thread

would appreciated if some one please reply

sheramber

Child benefit is claimed by and paid to the child's carer.

SO it is the eligibilty if the carer that applies.

Are you subject to immigration controls?

You’re ‘subject to immigration control’

You can’t claim Child Benefit if you’re subject to immigration control, unless you’re:

a sponsored immigrant - someone else has agreed to be financially responsible for you
from Algeria, Morocco, San Marino, Tunisia or Turkey and working in the UK
from a country that has an agreement with the UK for Child Benefit

Countries that have an agreement with the UK are:

Barbados
Bosnia and Herzegovina
Canada
the Channel Islands
Israel
Kosovo
Macedonia
Mauritius
Montenegro
New Zealand
Serbia

sju

Thnx for the response

I was overstayer and after 12yrs my family for the discreational leave for 2.5yrs
and after getting the DL my daughter was entitle for british registration ......so she is British citen now for last 5 months

and our stays still remain the same on our BRP (Bio metric card ) it say "No Public Funds"

we are on 10yrs route to qualify for Indefinate Leave to Remain does that mean we cant claim anything ?

Ali

nannytone_2

if you have no recourse to public funds then you can't claim anything.
the fact that your daughter is a british citizen means nothing in benefit terms as she isn't old enough to claim for herself

thorsoak

If your passport says "no public funds" that's what it means!

sju

Ok thnx very much

sju

Hello all

I have got this update from my friend
which will allow me to claim benefits

w.freemovement.org.uk/provision-to-claim-child-benefit-without-breaching-the-public-funds-condition-by-primary-carers-of-british-children/

NYM

I've just read that link and to be perfectly honest...it just confuses me

...The exemption in regulation 2(2) therefore covers a claimant who is subject to immigration control but who claims an entitlement to child benefit on the basis that they are a member of a family of an EEA national. This includes a British child, as the United Kingdom is a State contracting party to the EEA agreement as, unlike the Immigration (EEA) Regulations 2006 (SI 2006/1003), the 2000 Regulations do not exclude the United Kingdom from its definition of an “EEA State”.

Given the above, if someone with leave to remain that is subject to a public funds condition is part of a family unit which contains a British child, they should be able to claim child benefit under this exemption and the Home Office should not consider this as recourse to public funds pursuant to paragraph 6B of the Immigration rules.


Link....

sju

pls elobrate whats the confussion ?

pls let me know can i claim child benefit and child tax credit ?

thnx will apreciate

been running from pillar to post

Ali

MissMoneypenny

sju wrote: »

Hi All
I had my DLR 2.5 yrs last year in june and then my daughter got registered as british citizen in November same year
now i wanted to ask if i can clam any sort of benefits on behalf of her

No. You cannot claim any benefits at all until you are granted ILR (Indefinate Leave to Remain). The adult claims for the child and you have No Recourse to Public Funds. Many on forums have asked the same question.

Instant access to UK benefits after being granted DLR (Discretionary Leave to Remain) because you don't have a visa to remain in the UK, was stopped in 2010. That was replaced by the visa you have, which means you can work full time in the UK without restriction, but you cannot have any UK benefits, even for your child. Your discrection to remain is a 10 year (4 x 2.5 years) to ILR. You will need to meet the requirements for discretion to stay, for each application.

Just be aware that when you apply for your next 2.5 year discretion to remain, you (and any others in your family who you are appllying for and who aren't a UK citizen) must now pay £500 each towards your healthcare in the UK, in additon to the application fees. This new Immigration Health Surcharge started 6 April 2015 and was brought into law under the Immigration Act 2014. You will need to keep paying this IHS with every visa you apply for until granted ILR. Your UK citizen child has full access to the NHS without needing to pay.

I assume you applied for discretion to stay through your child who has been in the UK for 7+ years and you don't have a visa? If you or any of your family have been in the UK illegally or overstayed a visa, then you will need to be aware of the 2014 Good Character rules, that are retrospective. Overstaying for more than 28 days/illegal entry to the UK, now carries a 10 year ban from UK citizenship.