CTC/Pension credit when passport stamped with 'Not entitled to benefits'

sebastianj

Dear friends,
I asked this question before but did not have full information. After the death of his partner, a friend who is 67 got married to someone abroad, who already has a child of 9 years old. He sponsored them to join him here in the UK and now they have been here for about 6 months or so.

Both the women and child's passports were stamped as not entitled to any benefits.

Being a pensioner, I know this person is having a hard time as he has not claimed Pension Credits/ CTC or even Child benefits fearing that his new wife and child may not be granted permanent visas after the two years.

IMO his pension credit or even Child benefits are not classed as benefit in kind for his wife and child but am not sure. Can an expert pls help in this matter.
kind rgd,
seb

meester

Generally the idea of the 'no recourse to public funds' restriction (which is completely standard for bringing a spouse to the UK) is that the visa is being granted on the condition that you maintain yourself without any public support. If they are not been able to get by without public funds, then they should not be here.

It would be extremely foolish to risk things in the period between arrival and getting indefinite leave to remain by claiming benefits, as you can be deported and also your indefinite leave claim should certainly be declined. I am not sure what the current rules are in the indefinite leave to nationality period, but I would cautious in this period as well. Once you are naturalised, you can do what you like.

The exact rules are here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/publicfunds.pdf

Since one partner is British, there may be an entitlement, but I would tread extremely carefully. I think the one thing you may be able to claim is child benefit. Their helpline is 0845 302 1444

I would call them for advice, but would still advise extreme caution, because it might not be worth the risk of damaging the eventual indefinite leave application (in which you will need to demonstrate an ability to properly fund and pay for your family).

jonathon_hart

My wife is foreign as well and had a son (I'm British so same situation). When my wife and her child came over they also had this included - however we specifically asked this to the child benefit people and they said we could claim and get it put in my wife's name (so she got the HRP benefit for her state pension!). It did however stop her getting jobseekers allowance (again we just asked and they said no and that was that)

She got her indefinite leave and now has UK citizenship with no problems. So my advice would be to phone up the relevant helplines be honest with them and ask them.

Jonathon

jonathon_hart

Claiming child benefit also has the advantage of her getting fast tracked for an NI number so that she can get a job if she wishes. Getting an NI number normally can be very difficult.

sebastianj

Many thanks for all your help, I will tell them the facts as all of you have highlighted and hope for the best.
thanks again,
kind rgds,
seb