Immigration - Recourse to public funds

[hmistry]

hello there ..

my wife is a citizen of India and is living in the UK under a 'spouse VISA'. the VISA states 'No Recourse To Public Funds' which is fine as we dont claim (or need to) any benefits.

However, my wife is now pregnant, so whats the situation with regards to claiming child benefit, maternity allowance etc ... (ie is this a public fund).

For the record I am a UK citizen and was born and bread here, so I'm guessing theres no reason why I couldnt claim child benefit etc.

thanks

[daffy654]

Hello hmistry,I don't know the answer to your question but I wanted to suggest that you may get a better answer in the law section of this site. Congratulations on your upcoming fatherhood.

[bimbo123456]

Hi hmistry, born and bred not born and bread!!!!! Have you tried contacting Citizen's advice, it is usually in the phone book. The advice is free and a lot of the volunteers are solicitors. Many congrats. Incidentally, why can't your wife have british citizenship?

[hugnie21]

bimbo123456 - hmistry's wife needs to live here with the visa, then apply for indefinite leave to remain, then apply for British Citizenship. There is no guarantee that this will be granted though, even with a UK born child.

Hmistry, your wife can claim benefits but in doing so she will have failed to meet the requirements of her visa. This could lead to her being removed to India, and would certainly affect application for indefinite leave to remain.

She should not claim any herself, and you should claim the Child Benefit in your name.

Hope that helps..