Baby Due. Thai Wife On Uk Settlement

[baannambua]

Hi guys, my wife is coming up to her second year in the UK now on her settlement visa. Our baby is due on the 3rd June or somewhere there abouts anyway. Could someone tell me what are the rules with our baby and for us getting help with family credit or child benefits etc. I'm sure I remember as my wife is not yet a UK citzen then it would be a breach of her visa to recieve such benefits?? I'm worried about us recieiving money and then them turning around at a later date and saying my wife not sticking to the rules of her visa as to the part of the rules about "recourse to public funds". But as our baby will be half British it's quite confusing. Could anyone out there give some answers or point me in the righyt direction?? Very confused and don't want to abuse her visa "rights". Thanks

[sarahsbloke]

family tax credit is not classed as a benefit.

Not sure about the other.

[Mario2008]

Your baby is not half British. The baby simply has two nationalities and the full rights and obligations of both nationalities. Both countries don't have a problem with dual nationality. After the baby is born, apply for a Thai birth certificate with the Brirtish birth certificate and the baby can recieve a Thai passport as well. More details on Thai embassy webiste.

As far as I know, the baby has full rights to benefits. These benefits are not for the mother (or you) they are for the child. It would not be a breach of her visa conditions, but someone more in the know then me might confirm this.

[kunash]

your wife cannot apply for benefits.

However, you can apply for full benefits.

quote from a previous post

''claiming tax credit and child benefit in UK

Child Benefit

This is claimed by just one person. That is, either parent can claim although probably in most households it is the wife that claims. However either parent is entitled to be the Child Benefit claimant.

As you rightly say your husband has a visa with the "No recourse toPublic Funds" restriction. Accordingly he must not claim Child Benefit. However there is absolutely nothing to stop you claiming Child Benefit, and you should do so as soon as possible.

When you make the claim there is nothing to stop you mandating the Child Benefit to your husband's bank account, if that is your wish.

Tax Credits

Where a couple live together a claim for Tax Credits needs to be made jointly by them. It would be wrong for Tax Credits to be claimed by one only of a couple living together.

At first glance this is a problem in view of the visa restriction. However "small print" in the Tax Credits legislation, namely, reg 3(2)Tax Credits (Immigration) Regulations 2003 comes to your rescue. That sub-regulation says that where one of a couple is a person not subject to immigration control (you) and the other is subject to immigration control (your husband) then for Tax Credits purposes onlythey are both treated as not subject to immigration control. Accordingly a claim for Tax Credits is totally OK ... for a couple in your circumstances.

This is reinforced by para 6B of the Immigration Rules.

Summary

Go for it ... get both claims submitted as soon as possible, and certainly within three months of the birth of the child, otherwise benefit will end up being lost.''

[Phil_Pattaya]

My wife came to UK with same visa and no recourse to public funds. However she applied for a National Insurance Number so that she could work. She worked for 2 years and then had our child. She received Maternity Pay from her work and then once that stopped from DWP. She has a single claim for child benefit in her name which then entitles her to Pension Credits as she is looking after the child. We also received Working tax Credit and Child Tax Credit which are both Joint claims. Important if you have not already done so is to get her a National Insurance Number so that she can build up a state pension through claiming Child Benefit which must be in her name, unless of course you are not working and short on your build up for a state pension.

You do not have recourse to public funds until you are eligible.

[bangkockney]

Yes, Child Benefit is usually considered a Public Fund for the purposes of Immigration. However, there are several exceptions to the rule of public funds.

If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in the UK.

Child Benefit is on this list. The full list is:

• Attendance Allowance

• Carer's Allowance

• Child Benefit

• Child Tax Credits

• Working Tax Credits

• Disability Living Allowance

• Contributory related Employment and Support Allowance - ESA ©

• Severe Disablement Allowance

• Social Fund Payment

When it comes to making her ILR application, she can safely tick the No box for the question are you receiving public funds.