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Public funds and exceptions

23 March 2010

Part 6A of the Immigration Rules makes reference to child benefits under the definition of “public funds”. As a general rule, applicants who are on limited leave to remain in the UK ( as opposed to those who have been granted settled status) are not entitled to claim public funds as this would be a breach of their immigration condition. Indeed, all immigration categories require a migrant to show his/her ability to support and maintain themselves and their dependants without recourse to public funds.

However, the HMRC guidelines (Chapter 5 - "Child Benefit if you are coming abroad or going abroad" mention that "if you are subject to immigration control you may still have the right to get Child benefit if you are - c) a national of, or have come to live in the UK from a country that has a special agreement with the UK covering Child Benefit"

Chapter 1- General Provisions, Section 7 -Public Funds of the IDI's confirms the above information and it mentions Barbados, Canada and Israel.falling among others countries into the "special agreement".

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.