Will the child benefit for my child affect my settlement visa application?

I am an Indian national married to another Indian national. Our child was born a year ago in the UK and we are paid child benefit. Now that we have been in the UK for over 5 years we need to apply for permanent residency (settlement). Will the fact that we draw on public funds namely child benefit be an issue?

The Bricklayer	Never mind worrying about applying for residency. You should be applying for jobs. As the other people have said,you are claiming for something illegally. I hope that you are caught,prosecuted and punished.

jimquk	I think you should talk to an OISC-registered advisor or immigration solicitor before making any application. I think I have read somewhere that the Home Office may use discretion to ignore payment of benefits where the amount was not very great, the money has been repaid, and the claim resulted from a genuine misunderstanding. You should approach an advisor as soon as possible with a view to cancelling the child benefit claim and making full disclosure and repayment.

LadyMoon Baby #2 due 14/09/10!!!	If you do not have permanent residency in the UK you should not be claiming child benefit! You do have the right to any public funds. The forms you fill in for child benefit (and other benefits) clearly ask you to state whether you are subject to immigration control. If you lied on this form to obtain public funds to which you are not entitled you have committed a criminal offence.

Crow	If it doesnt, then it damed well should.

Maggie	Yes it will. It is actually a criminal offence for non EEA nationals or those who do not have ILR to claim benefits and child benefit IS classed as public funds for the purpose of immigration. The UKBA leaflet on public funds states "There are very serious consequences if you illegitimately claim any type of benefit or support that counts as a public fund. Unless you are receiving a fund under one of the exceptions set out below, claiming public funds is a breach of your conditions of entry to the UK. Breaching your conditions of entry is a criminal offence. It may mean that your leave to remain in the UK comes to an end. You may also have applications for further or indefinite leave refused." You can download the leaflet from the right of this page. http://www.ukba.homeoffice.gov.uk/while-in-uk/rightsandresponsibilities/publicfunds/