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investigating my fiance over my tax credits

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sammyisaac
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Posts: 14
Joined: Wed May 19, 2004 9:48 am

investigating my fiance over my tax credits

Post by sammyisaac » Tue Aug 03, 2004 8:02 pm

as a british citizen working i am able to claim working tax credits and child tax credits but lately i have had an enquiry about my partner living with me as i claim as a lone parent-reason for this is because of his status where he is not allowed to work or claim state benefits-due to his visa which has expired-they want to know where my partner has been living for the past year for which he cannot provide this information as states no fixed abode for the period april 2003 to present
my question is whether the inland revenue is entitled to demand his details to answer my claim and would it affect my current claim-also taking it as far into my partners immigration issues-can they inform home office if they know of his status

Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Aug 04, 2004 12:36 pm

IMHO there are 2 issues here:
1. Do I claim as a single parent?
If you are living together with your partner you cannot claim as a 'single parent' i.e. there is no link between immigration status and mode of living in this case. Thus both names should be included in the application forms. The Inland Revenue can ask for any information deemed necessary to process your application subject to statute (law) - under the circumstances you describe they are just doing their job/ well within the law so give them what they want. At the most they can pursue a case against a fraudelent/ misrepresented application. If you wish to have no queries into the application you can always abondon it but this is a short term approach given that it is primarily for helping you raise your children.
2. My partner's visa has expired - will the WFTC and CTC application result in the Inland Revenue informing the Home Office?
Government departments must ensure the integrity/ safety of data they hold in relation to any individual. However the can and do share information if it enables them to discharge their duties more effectively. Increasingly the Home Office are collaborating closely with the Inland Revenue, the NHS and the DVLA in relation to immigration issues i.e. if they come across anyone whose immigration status they are unsure of then they tend to notify the HO.

It is vital that your partner focus on regularising his stay in the UK - the WFTC/ CTC issue is the least of his worries.

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Thu Aug 05, 2004 3:55 pm

It is vital that your partner focus on regularising his stay in the UK - the WFTC/ CTC issue is the least of his worries
Agreed - as solving the immigration problems will go along way at easing other problems

Good Luck
Where there is a will there is a way.

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