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Nationals of non-European Economic Area (EEA) countries - My child is a person subject to immigration control

Non-EEA nationals will be subject to immigration rules and their right to benefits will be defined by their immigration status.

My child is a person subject to immigration control

If you are not a person subject to immigration control, but your child is, rules differ depending on the benefit you want to claim

Universal Credit

You can include a child in your Universal Credit claim, regardless of the child’s immigration status.  However, if the child’s leave is subject to a no recourse to public funds condition, getting Universal Credit could affect his/ her right to remain in the UK.   Get specialist immigration advice before you make a claim.

Housing Benefit

If a child you are responsible for is subject to immigration control, this does not affect the amount of Housing Benefit you get.  Your child is included in your claim, and you get any allowances or premiums that the child qualifies for. 

However, if your child’s leave is subject to a no public funds condition then this could be regarded as them having recourse to public funds and could affect their right to remain in the UK.  Get specialist immigration advice before claiming

Non-means tested Benefits

For Child Benefit, if you are not a person subject to immigration control, you can claim for a child for whom you are responsible for, regardless of the child’s immigration status.  However, if the child’s leave is subject to a no recourse to public funds restriction, claiming child benefit for her/him could affect their right to remain in the UK.  Get specialist immigration advice if you are in this situation.

Tax Credits

If you make a joint claim for Tax Credits (working Tax Credit or Child Tax Credit) you can include any children you are responsible for in that claim regardless of the child’s immigration status.

If you are making a single claim for Tax Credits, you can include a child in your claim, regardless of their immigration, providing the child’s right to remain is not subject to a no recourse to public funds restriction.  If you are making a single claim for Tax Credits, and your child’s leave is subject to a no recourse to public funds condition, then the child’s right to remain in the UK could be affected.  You should get specialist immigration advice before claiming.

 

Use our Find-an-adviser tool to find specialist immigration advice in your area.

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