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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I am applying for indefinite leave to remain UK having completed

Customer Question

I am applying for indefinite leave to remain UK having completed 2 yrs. useing set M application my concern is under the section finance it asks are you in receipt of public funds we have a 20 month old child and receive a child benefit, looking up the requirements for settlement it state you should not be in receipt of public funds and are concerned that this benefit would result in the application being refused we thought child benefit was the child's if it be the case then we will cancel receiving his benefit.
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Although what you have mentioned is technically correct, the home office just want to ensure that you and your family are able to sustain yourselves without the need to have recourse to public funds.

If you do wish to cancel the child benefits for this reason, then what you need to do is ensure that you inform the home office that yes you did claim child benefit for x month to x month and once you found out you were not able to claim any benefits you subsequently stopped them.

This would be the best way to ensure that you application has a good chance of success.

I hope this answers your question, if so please rate my answer positively, if you required further clarification, please do not hesitate to ask further questions.

Kind regards
Customer: replied 3 years ago.
I have just checked our paperwork and maybe I asked the question in the wrong way as the child benefit is actually claimed in my husband's (who is my sponsor) name who is a British citizen who earns enough to cover us without recourse to public funds and I am wondering if I you feel that giving consideration to immigration rules set out under benefits claimed by a sponsor that it will have a detrimental affect to the application?
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

In respect of your sponsor claiming the benefits , yes he has the right to do so, however, it does show that your sponsor is unable to maintain themselves without recourse to public funds, therefore in this case I would suggest that your sponsor stops claiming the funds specially if he is and has enough funds to maintain yourself without claiming any funds.

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.

I hope this answers your question, if so kindly rate my answer positively, if you wish to ask further questions please do not hesitate to do so.

 

Kind regards