No Recourse To Public Funds

So, your new UK visa has an observation or condition called "No recourse to Public Funds".

So what does this mean? What are these mysterious "Public Funds" which are seemingly out of your grasp?

Well, Public Funds include a range of state benefits that are given to people who qualify.

It would be wise to take a little time to do some self-research a little about these Public Funds. At least to know that they do not include all the different kinds benefit that can be claimed and made payable by the UK Government.
To really understand specifically what these Public Funds are, they are defined in paragraph 6 of
the Immigration Rules.

To guide you with your research the Home Office has produced a leaflet that nicely explains what Public Funds you can and cannot claim if the visa condition applies to you. It also explains what will happen if you break the condition

That leaflet is called No Recourse To Public Funds

Take a good look at the table on page 6


There are many cases where you will not be able to make any claim for the benefits that count as public funds in your own name.
But, there are some claims that can be made in the name of your UK Citizen spouse/civil partner that will not count as recourse to public funds.

Child Benefit
The UK Citizen spouse/civil partner can claim Child Benefits in his own name.
See the HMRC booklet Child Benefit if you are coming from abroad or going abroad

Also see this leaflet called Child Benefit -Getting your claim right
Extract - "Who should claim Child Benefit?
You should fill in this claim form if you are responsible for a child. You do not need to be the parent of the child and you may be able to get Child Benefit even if the child does not live with you. Only one person can receive Child Benefit for a child."
Means stepchildren are included and can be claimed for.


Tax Credits
Tax credits were introduced in 2003, and the immigration rules were subsequently modified in 2005.
The rule change in 2005 affects couples where one partner is not subject to immigration control (eg. UK Citizen or permanent resident).
The rule addresses both working tax credits and child tax credits.
Under the rule, a couple may claim both these credits without jeopardizing any immigration status of the person subject to immigration control.
Means, a couple can claim child tax credits and/or working tax credits as long as one partner is a British citizen or otherwise exempt from immigration control.

When claiming any Tax Credit your UK citizen spouse/civil partner should tick the box for himself as the claimant.

Claims for Tax Credits are assessed jointly if you are living with a spouse or partner who is allowed to claim tax credits.
It will automatically be a joint application at the request of HMRC and your name will therefore appear. This is not a problem for you.

Here is some useful information from HMRC called What are Tax Credits and this page also has other useful links too.


Now, there are some other benefits such as, Contribution Based Jobseeker's Allowance, Housing Benefit and Council Tax benefit which although may technically be claimed under certain very specific conditions,
I would strongly suggest not to make any claims unless you are 100% certain of the appropriate legislation and can secure written confirmation of such from the legal teams of each concerned department.

In other words, even it's possible it's safer to leave alone until you have your hands on that ILR

Hope this will help some.

thanks for this one.. i can only "claim" maternity pay but simon can claim the tax credit.. but as to the child benefit, it is subject to how much the household income is, right?

so for example you got ILR status..is it ok to claim benefits like child benefit etc..?

hiya ossy.. but in my case the husband is receiving hehhe well obviously for now as im on spouse visa..but ill suggest that when the time comes that ill be able..

NO. Child benefit is not means tested (does not depend upon income)
But see the post from oss. Even the household may have a joint income of £83,998 the child benefit will be paid.
Welcome to UK. He he he

Hello Guys,

Im Ruth Newbie here......talking about childs benifits im kinda curious at the same time confused....lol
Anyway Im applying for my son this month coming 24th Nov for his first time child british passport as he was born here in Philly,
Next yr we will be settling to the UK as one family,would that be possible for my son to be entitled automatically for childs benifits there being a british passport holder and a son of british national??????????


xxx

great to hear ur opinions soon
tnx

regrds,

Ruth

Graet post peter cant give you rep nor anyone else??? but thanks good reading

Hello to everyone here
my name is matt and i am hoping for much help with my journey to bringing my woman to the uk
my question is if you are in reciept off tax credits how do you satisfy the government you can support this woman
i do have savings though?
posted here as cant do a new post

thanks Kuya
i am so laid back and are pretty cluless so i have joined this site to seek help
i have corresponded with my woman in the phills for two and a half years i have my own business also have my two boys living with me now hence i recieve tax credits i have savings of over 20.000 but dont know the correct road for me i am seriously in love with this woman she is all i want its like turning the clock back 30 years when we had morals here in the uk but sadly its gone with the times
i am going on my first visit in august i have booked the flight and suddenly i find the nerves are kicking in this is reality its happening
i dont know what to do to make this happen i thought i would marry her there and bring her back with me by the way her name is Grace such a beautiful name
anyhow i am now feeling the nerves and dont want to make a mistake. any help and advise would be much appreciated
also my brother has a good business and he would state he would give her a job please help me with advise as i am a first class worrier grrrr

Thank you Kuya for all in fo i certainly dont want to move to a eu country i have my house here on a mortgage and my business but its not long now before i go to meet Grace i love her to bits she is so well how can i say ..just like we remember women 30 years ago here with morals and high esteem so hard to find here in the UK IF YOU COULD JUST ANSWER THIS QUESTION IS IT BEST ASSUMING WE ARE HAPPY to get married while i am there i fly on the 8th august so time is slipping away the reality is so close and if there is anything more i can do before i go the knowledge is the key
thankyou again for all your help
Matt

I assume you already have flights booked for the Philippines? If so, how long are you going for? It takes time to get married, especially if you want a church wedding. If your bride-to-be is under 26 you will have to attend marriage counselling and if she is under 21 you will need her parents' permission. Any church you get married in, may have additional requirements (such as attending a seminar) which can delay things. Arranging a civil ceremony is much simpler and quicker.

As Kuya has said, you need to get a Certificate of no Impediment (CNI) from your local registrar; this takes about three weeks I believe and this has to presented to the British Embassy in the Philippines who will issue another CNI which the Philippine Authorities will recognise. Once you get the local CNI and present it to the registrar in the Philippines there is a ten day wait before you can actually get married.

Once you are married, it would then take some time for your wife to get a UK Visa. The marriage documents have to be registered with the NSO and then your wife would need a copy from the NSO in order to apply for a Spouse Visa. The visa application process can also take weeks or a few months, so no chance of bringing her back to the UK on your return from a first visit to the Philippines! You wife will, almost certainly, have to pass an English language test recognised by the UKBA. And, in order to actually leave the Philippines as a migrant, the Philippine authorities will require that your wife attend a CFO seminar.

I would suggest that UK immigration authorities may view with some suspicion a marriage on a first visit; additionally, the income requirements may well be over £27k to bring your wife to the UK, if Theresa May gets her way. Being married to someone you have met once and with little chance of bringing her to the UK is not an enviable position to be in.

Hi Howerd you have knocked the stuffing from me message by message seems its going to be so hard grrrr
i am 52 my woman Grace is 43 i have booked my flight for 8th aug til 25th aug as i live alone with my 2 boys its the summer hols and my sister will look after them so i dont think now it is possible to marry Grace in this time you may think me a fool but i have talked everyday to Grace and i feel so much love for this woman but i am clueless on how to get her back here to uk with the least complications
i am a business owner but am in reciept of tax credits due to its hard to put a massive amount of time to my business due to tending to my boys ie school run cooking etc but i am on top off my job as i am self employed my books will probably never look good to the right authorities can any one here help what is the best avenue for me i love this woman and i must say she has great morals its like turning the clock back maybe 20-30 years ago
all help is greatly appriciated thanks for all you that reply yippee i know it can be some how