Child Benefits For International Students: What You Need To Know

International students who are subject to immigration control in the UK are usually not eligible to claim Child Benefit and by doing so may risk losing their right to be in the UK. However, there are limited exceptions that may allow international students to claim Child Benefit without breaching their visa terms. For example, if they are a sponsored immigrant under Home Office rules or if they are a family member of a person who is a UK, Swiss, or EEA national. Additionally, if the international student lives with a partner or spouse who has recourse to public funds, the partner may be able to claim Child Benefit on their behalf.

Can international students claim child benefit?

International students and child benefit eligibility

International students who move to the UK may be eligible for Child Benefit, but this depends on several factors. Firstly, the student must meet the eligibility rules for Child Benefit, which include living in the UK as their main home. An exception is made if the student has 'settled' status under the EU Settlement Scheme, in which case they are eligible for Child Benefit. Those with 'pre-settled' status should refer to additional eligibility rules.

International students from outside the EU, Switzerland, Norway, Iceland, or Liechtenstein are usually not eligible if their child does not live with them. However, if the student's country has an agreement with the UK for equal treatment regarding Child Benefit, they may be eligible. These countries currently include Barbados, Bosnia and Herzegovina, Canada, the Channel Islands, Israel, Kosovo, Mauritius, Montenegro, New Zealand, North Macedonia, and Serbia.

Another critical factor is the student's visa status. If the student is 'subject to immigration control', they typically cannot claim Child Benefit. This means that they require leave to enter or remain in the UK and do not have it or have leave but are restricted from accessing public funds. However, there are limited exceptions. For example, if the international student is a sponsored immigrant under Home Office rules or a family member of a UK, Swiss, or EEA national, they may be eligible for Child Benefit without breaching their visa terms.

Additionally, if the international student lives with a partner or spouse who has recourse to public funds and can claim benefits, they can claim Child Benefit on behalf of the child. It is important to note that early years education funding and child maintenance are not classified as public funds, so these options can be considered even with a visa restriction on accessing public funds.

Child benefit and visa status

If you're an international student in the UK, your eligibility to claim child benefit depends on your visa status and whether you meet the other requirements.

Visa Status

If your visa has a "no public funds" restriction, also known as a “No Recourse to Public Funds (NRPF) restriction,” you are not allowed to claim child benefits without potentially breaching the terms of your visa. Most non-EEA nationals subject to immigration control in the UK fall under this category and are generally not eligible to claim benefits.

However, there are limited exceptions where you may be able to claim child benefits without violating your visa conditions:

• You are a sponsored immigrant under Home Office rules, which means you have a nominated sponsor responsible for your maintenance and accommodation.
• You are from a country with which the UK has an agreement for equal treatment of child benefits. These countries include Barbados, Bosnia and Herzegovina, Canada, the Channel Islands, Israel, Kosovo, Mauritius, Montenegro, New Zealand, North Macedonia, and Serbia.
• You are a family member of a UK, Swiss, or EEA national.
• You are a national of Algeria, Morocco, San Marino, Tunisia, or Turkey who is lawfully working in the UK, or you are a family member of such a person and are living together.

Other Requirements

In addition to visa status, there are other eligibility criteria for claiming child benefits in the UK:

• Your child must live with you in the UK as their main home, except for short periods like holidays.
• You or your partner must pay UK National Insurance if employed or self-employed or receive certain benefits.
• You must earn or expect to earn above the primary threshold (PT) for employees paying National Insurance for three continuous months.
• You must have sufficient resources to support yourself and your family financially.
• You must not be claiming certain other benefits, such as Income Support, income-based Jobseeker's Allowance, Pension Credit, or Universal Credit.

Child benefit for those with 'settled status'

If you have settled status, you can claim Child Benefit. To be eligible for Child Benefit, you must be responsible for a child under 16 and live in the UK. You will usually be responsible for a child if you are paying at least the same amount as Child Benefit towards their upkeep, for example, on food, clothes, or pocket money. You can also claim Child Benefit if you are fostering or adopting a child.

If you have 'settled' status under the EU Settlement Scheme, you are eligible for Child Benefit. If you have 'pre-settled' status, you will need to check the additional eligibility rules. Your child may be eligible for settled or pre-settled status if they are under 21 or were under 21 when they got pre-settled status and want to switch to settled status. They must be from the EU, Switzerland, Norway, Iceland, or Liechtenstein, or you or your spouse/civil partner must be.

If you are an Irish citizen who was living in the UK by December 31, 2020, you do not need to apply for settled or pre-settled status, but you can choose to do so. If you apply, your children will need their own application unless they are British citizens. If you are from Northern Ireland and have Irish, British, or dual citizenship, and your child does not, they will be eligible for settled or pre-settled status based on their residence.

If you are waiting for a decision on your EU Settlement Scheme application, you can claim public funds, but you need to show you have a right to reside in the UK to get Child Benefit. You will need to show that you have lived in the UK for three months before applying for Child Benefit—this is called the '3-month living-in test'. This means you won't get your first payment until three months have passed. If you earn £60,000 or more before tax each year, you can still claim Child Benefit, but you will have to pay a 'Child Benefit tax charge'.

Child benefit for international students with children who live with them

International students who are subject to immigration control in the UK are generally not eligible to claim benefits and by doing so, they risk losing their right to be in the UK. However, there are limited exceptions that may allow international students with children who live with them to claim child benefits without violating the terms of their visa.

If you are an international student with a partner or spouse who has recourse to public funds but is restricted from claiming benefits, they may be able to claim child benefits on their own behalf. It is important to note that they cannot claim benefits on your behalf. Additionally, early years education funding and child maintenance through the Child Maintenance Service are options that may be available to support your child.

If you are a sponsored immigrant under Home Office rules, you may be able to claim child benefits. This is known as a 'maintenance undertaking', where you have a nominated sponsor responsible for your maintenance and accommodation. If you are a national of specific countries with which the UK has an agreement for equal treatment for child benefits, you may also be eligible. These countries include Barbados, Bosnia and Herzegovina, Canada, the Channel Islands, Israel, Kosovo, Mauritius, Montenegro, New Zealand, North Macedonia, and Serbia.

To qualify for child benefits in the UK, you must meet certain eligibility criteria. You must be responsible for a child under 16 and live in the UK as your main home. You are usually responsible for a child if you are paying at least the equivalent of child benefit towards their care, such as food, clothes, or pocket money. You can continue to claim child benefits until your child turns 20 if they remain in approved education or training. Additionally, if you have 'settled' status under the EU Settlement Scheme, you are eligible for child benefits.

Child benefit for international students with children who live elsewhere

International students in the UK are usually considered ''subject to immigration control'' and therefore cannot claim Child Benefit. However, there are limited exceptions that may allow you to claim Child Benefit without violating the terms of your visa. Here are some scenarios to consider:

Sponsored Immigrant or 'Maintenance Undertaking'

If you are a sponsored immigrant under Home Office rules, also known as a 'maintenance undertaking', you may be eligible for Child Benefit. This means you have a nominated sponsor responsible for your maintenance and accommodation.

Agreements with Specific Countries

The UK has agreements with certain countries, providing equal treatment for Child Benefit claims. These include Barbados, Bosnia and Herzegovina, Canada, the Channel Islands, Israel, Kosovo, Mauritius, Montenegro, New Zealand, North Macedonia, and Serbia. If you are from one of these countries, you may be able to claim Child Benefit.

Family Member of a UK, Swiss, or EEA National

If you are a family member of a person who is a national of the UK, Switzerland, or an EEA country, you may be eligible for Child Benefit.

National of Specific Countries with a Lawful Worker Status

If you are a national of Algeria, Morocco, San Marino, Tunisia, or Turkey and are lawfully working in the UK, or if you are a family member of such a person and are living with them, you may qualify for Child Benefit.

Settled Status under the EU Settlement Scheme

If you have 'settled' status under the EU Settlement Scheme, you are generally eligible for Child Benefit. On the other hand, if you have ''pre-settled' status, you will need to check the additional eligibility rules.

It is important to note that your eligibility for Child Benefit may depend on various factors, including your visa conditions, residency status, and whether your child lives with you. Additionally, your partner's eligibility may come into play if they have recourse to public funds. While early years education funding and child maintenance options are available without accessing public funds, claiming Child Benefit may impact your visa if you are subject to the 'No Recourse to Public Funds (NRPF)' restriction.

Frequently asked questions