Child benefit mistake and ILR

VictoriaS · Post by **VictoriaS** » Sun Dec 16, 2007 10:47 pm

I've already given my view. If you hide it, and appear to have done so, you'll almost certainly be refused.

Victoria

durbr · Post by **durbr** » Sun Dec 16, 2007 11:11 pm

Thanks all.

We have decided to repay the money and explain. That is, follow Victoria's advice.
I hope tomorrow I recieve a call from Child Benefit agency so that I can ask them why they have been giving us the money when we wrote in our applciation that we are subject to immig. and are not british nationals.

Rozen · Post by **Rozen** » Mon Dec 17, 2007 6:39 pm

durbr wrote:Thanks all.

We have decided to repay the money and explain. That is, follow Victoria's advice.
I hope tomorrow I recieve a call from Child Benefit agency so that I can ask them why they have been giving us the money when we wrote in our applciation that we are subject to immig. and are not british nationals.

Did you get that call?

jes2jes · Post by **jes2jes** » Mon Dec 17, 2007 6:50 pm

durbr wrote:Thanks all.

We have decided to repay the money and explain. That is, follow Victoria's advice.
I hope tomorrow I recieve a call from Child Benefit agency so that I can ask them why they have been giving us the money when we wrote in our applciation that we are subject to immig. and are not british nationals.

Please answer no per John and Rozen's response. You took the money at no fault of yours. Currently the benefit has stopped so you are not receiving it. If they come back to ask you then you would have your letter ready and the payment receipt (if you like) ready to fulfil that need. I for one would not have paid since it was no fault of mine to start with. Do not complicate the issue.

This is my 2 pence!

durbr · Post by **durbr** » Mon Dec 17, 2007 10:46 pm

Hi all,

We did receive a call from Child Benefit department.

SYH · Post by **SYH** » Mon Dec 17, 2007 10:47 pm

durbr wrote:Hi all,

We did receive a call from Child Benefit department. The person we spoke to asked me whether we were entitled to benefits or not!!! It seems that they still donâ€™t know who is and who isnâ€™t.

He told me that they will investigate the matter that may take around 2 months. If they find that we are not entitled, then they would discuss repayment. So, it seems that I will not be able to pay the money back before our ILR application.

How silly. Didnt you say, thats what we want to know. because you told us we were.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 10:48 pm

Please try to get in writing an admission from them that they advised you that you could get benefits.

Victoria

durbr · Post by **durbr** » Mon Dec 17, 2007 10:56 pm

Victoria,

I will try.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 10:58 pm

Have you thought about an FOI request to get your file?

Victoria

durbr · Post by **durbr** » Mon Dec 17, 2007 11:04 pm

One more thing.

We have their original letter dated September 6, 2004 stating that we were entitled to child benefits.

Now, I am going to write to some office in New Castle (in Long Benton) that keeps all the application forms (I was told by someone at the child benefit call centre). I will ask them to give us a copy of that application form.

So, once I have the copy and their original letter, I have all the proof that I need to show HO that it was their fault not ours. But, I donâ€™t know how long will it take to get the copy.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 11:06 pm

Brilliant!

I think you will be fine.

Victoria

durbr · Post by **durbr** » Mon Dec 17, 2007 11:23 pm

Post by **John** » Tue Dec 18, 2007 9:46 am

durbr, I really do think you are in danger of making this into an issue, when it really isn't one.

You will obviously answer the question on the form "No" as regards Child Benefit. So BIA will not even know there is an issue .... unless you tell them!

durbr · Post by **durbr** » Tue Dec 18, 2007 9:54 am

John,

Thank you very much for your advice.

Post by **John** » Tue Dec 18, 2007 10:20 am

durbr, I have just had a thought, and OK this is a long-shot!

I do not necessarily need to know where the two of you met but I wonder whether either or both of you have ever worked in any of these countries :-

Barbados, Canada, Israel, Jersey and Guernsey, Mauritius, New Zealand and former Yugoslavia (i.e. applies to Croatia, Bosnia-Hercegovina, Serbia and Montenegro, and the former Yugoslav Republic of Macedonia)

As I say above, maybe this is a long-shot, but if either or both of you have worked in any of those countries then you have a perfectly good entitlement to claim Child Benefit, in which case there would not be a problem with the ILR application, in view of rule 6B of the Immigration Rules.

The background to this strange question? Those countries have entered into "a reciprocal social security agreement with the UK which covers Child Benefit". That agreement not only covers nationals of those countries but also people who have previously worked there.

durbr · Post by **durbr** » Wed Dec 19, 2007 12:35 pm

Dear all,

I would like to update you with our struggle to resolve the problem with Child Benefits.

I have asked for a copy of our original child benefit application form on the basis of FOI.

SYH · Post by **SYH** » Wed Dec 19, 2007 12:54 pm

[quote="durbr"]Dear all,

I would like to update you with our struggle to resolve the problem with Child Benefits.

I have asked for a copy of our original child benefit application form on the basis of FOI. It will take 40 calendar days to obtain the copy.

We spent last here days going through all our confidential documents. In August 2004 we filled in two application forms with identical information except different bank account detail. So, we know now what information we provided to the Child Benefit department.

She wrote her nationality correctly.

She also ticked YES to the question â€œare you subject to Immigration Controlâ€

Post by **John** » Wed Dec 19, 2007 8:17 pm

durbr, are you now able to post an answer to the question I posed yesterday at 10:20am UK time?

durbr · Post by **durbr** » Wed Dec 19, 2007 9:04 pm

John,

I apologise for not answering your question earlier.

The answer is NO. We haven't worked or lived in any of these countries.

Post by **John** » Wed Dec 19, 2007 10:06 pm

OK, as I said, it was a long-shot.

But whilst not benefiting you, anyone that has worked in any of those countries, irrespective of their nationality, is entitled to claim Child Benefit, with no detrimental effect upon their UK immigration status.

durbr · Post by **durbr** » Fri Dec 21, 2007 5:18 pm

Dear all,

I wish you all a merry Christmas and a happy new year!

VictoriaS · Post by **VictoriaS** » Fri Dec 21, 2007 5:54 pm

And as I said, I think you are going to be fine. Try not to let it spoil your christmas!

Victoria

Crxyz · Post by **Crxyz** » Mon Feb 04, 2008 3:47 pm

durbr,

How is it now? did you sort it out?

I got the same problem. When I found it will be a issure for ILR application, I stopped it last year. I also sent them a letter and asked to repay the slumpsum. But no feedback was heard.

My application will be in this september. I am thinking to write to HMR again and hopefully to get some feedback.

After reading this post, I feel quite desperate. There seems no any answer for this type of problem. But I am sure not just durbr and I are the only persons that applied the child benefit.

Please, any suggestions are highly appreciated.

Cr

Post by **John** » Mon Feb 04, 2008 4:00 pm

Crxyz, what is your nationality? And that of your spouse/partner? Also, have either of you worked in any country, apart from that of your nationality and the UK? If so, what country or countries?

Crxyz · Post by **Crxyz** » Mon Feb 04, 2008 4:20 pm

John wrote:Crxyz, what is your nationality? And that of your spouse/partner? Also, have either of you worked in any country, apart from that of your nationality and the UK? If so, what country or countries?

John,

Thanks for your quick answer.

Both my wife and I are Chinese and we did not work in the other country before. I am the work permit holder and my wife is dependant on me. Unfortunately those exceptions do not suite us. That is why I want to sort this problem out before my application.

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Child benefit mistake and ILR