Can I Claim Child Benefit While On Spouse Visa?

Dear Sir, I need to ask a very important question, and need your advise please. My wife and one child (two years old) is living on spouse/family visa with me in UK for last 1 year. I’m British national. As far as I know that we can not claim for the Child Benefit, because my wife has not got the ILR or British Citizenship yet and I’m her sponsor.

But this month we got another baby. Which is British national by birth. Because she born in UK and she is daughter of British father.

Could you people tell me that can I apply/get the Child benefit for this New/British child or not? My question is bit technical, so it will be big help, if I can get the answer of my question.

Thanks in advance.

The answer to that is this:

You can claim child benefit in your name for BOTH children. You are claiming NOT the children.

However, if you claim child tax credits, they must be claimed in JOINT names with your partner.

If you claim child benefit in your name only and child tax credits in joint names with your spouse, there is no effect on your spouses visa process. YOU the parent who is entitled to claim is the parent making the claim.

This is what the UK law says about claiming child benefits:

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.  Click the link here (on page 21).

There you go. So, a parent of a British child cannot be deprived of Child Benefit and will not be worried that their future application will be affected. The only caveat is if the visa is granted under an EU legislation like Zambrano case.

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