Child Benefit / NICs towards pension - Immigrant Spouse
Discussion
Hi all
Trying to understand the rules around CB, and more importantly the NICs towards pension for my immigrant wife. Here's the details:
A few weeks ago we had our first (and only!) child. I am a British Citizen from birth. We live in the UK. Our child is therefore British. My Wife is Brazilian here on a Spouse Visa on FLR going the ILTR route over 5 years. Her current 30 month Spouse Visa states 'no recourse to public funds'. Our child is therefore British.
She worked in a low paid job until baby arrived and is now on SMP (SMP not subject to the above restriction). So far so normal.
I'm trying to register for CB/NICs towards pension qualification for her. Importantly I earn over £60k so know we'll be subject to the High Earner Child Benefit Tax Charge which'll mean we won't receive anything, but as have been advised by many on here to claim it then repay it at the end of the year.
I don't mind about the Child Benefit anyway (the £60k limit is a political discussion for another thread). I'm more concerned around her NIC contributions towards her pension which you'd also get if you claim CB.
Specifically, the forms state that you cannot claim CB if you are subject to immigration control and have no recourse to public funds (which she is). HOWEVER. Child Benefit is for the Child. Our child is British.
On the Home Office Public Funds guidance for immigratation rules v14.0 issued in January this year ( here) on p21 it states:
"The general rule is that no person subject to immigration control is entitled to child benefit (Section 115 of the Immigration and Asylum Act 1999, sub-sections (1) and (3)). However, a person falling under one of the following exceptions cannot be denied child benefit on the ground they are subject to immigration control.
...
...
Exception 3
Persons who are the family member of a person who is a UK, EEA, or Swiss national. The parent of a British child will not be excluded from entitlement to child benefit on the ground that they are subject to immigration control. However, if a child benefit claimant has a right to reside in the UK as a Zambrano-type carer they are excluded from entitlement to child benefit by virtue of the Child Benefit (General) Regulations 2003."
So, a general Google'ing of the rules suggests she's not entitled to it. However, the lesser discussed exception above suggests she is.
Further, as I state we're not really interested in the CB anyway, just the NIC credit element. Does that even count as part of CB? Happy to fill in the form and simply specify 'not to claim CB' if that's the correct route...
Really appreciate any assistance or expertise on these one!
Cheers
Simon
Trying to understand the rules around CB, and more importantly the NICs towards pension for my immigrant wife. Here's the details:
A few weeks ago we had our first (and only!) child. I am a British Citizen from birth. We live in the UK. Our child is therefore British. My Wife is Brazilian here on a Spouse Visa on FLR going the ILTR route over 5 years. Her current 30 month Spouse Visa states 'no recourse to public funds'. Our child is therefore British.
She worked in a low paid job until baby arrived and is now on SMP (SMP not subject to the above restriction). So far so normal.
I'm trying to register for CB/NICs towards pension qualification for her. Importantly I earn over £60k so know we'll be subject to the High Earner Child Benefit Tax Charge which'll mean we won't receive anything, but as have been advised by many on here to claim it then repay it at the end of the year.
I don't mind about the Child Benefit anyway (the £60k limit is a political discussion for another thread). I'm more concerned around her NIC contributions towards her pension which you'd also get if you claim CB.
Specifically, the forms state that you cannot claim CB if you are subject to immigration control and have no recourse to public funds (which she is). HOWEVER. Child Benefit is for the Child. Our child is British.
On the Home Office Public Funds guidance for immigratation rules v14.0 issued in January this year ( here) on p21 it states:
"The general rule is that no person subject to immigration control is entitled to child benefit (Section 115 of the Immigration and Asylum Act 1999, sub-sections (1) and (3)). However, a person falling under one of the following exceptions cannot be denied child benefit on the ground they are subject to immigration control.
...
...
Exception 3
Persons who are the family member of a person who is a UK, EEA, or Swiss national. The parent of a British child will not be excluded from entitlement to child benefit on the ground that they are subject to immigration control. However, if a child benefit claimant has a right to reside in the UK as a Zambrano-type carer they are excluded from entitlement to child benefit by virtue of the Child Benefit (General) Regulations 2003."
So, a general Google'ing of the rules suggests she's not entitled to it. However, the lesser discussed exception above suggests she is.
Further, as I state we're not really interested in the CB anyway, just the NIC credit element. Does that even count as part of CB? Happy to fill in the form and simply specify 'not to claim CB' if that's the correct route...
Really appreciate any assistance or expertise on these one!
Cheers
Simon
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