ILR visa receiving working tax credits

[Gr33n]

Hi, i have a 2 questions for my friend who is a British citizen and will be applying for ILR
for her husband.

1. Firstly her husband arrived in the UK on the 01.03.2016 and has completed his 5 years on the 01.03.2021.
Can he apply for ILR or does he have to wait for the visa expiry 09.07.2021

2. Secondly they have 4 children and she has been claiming child benefit (single) and child tax (couple). However because her husband works and she is a house wife they have been getting working tax credit on her husbands name. She has on several occasions rang HMRC and explained her husbands situation but they have continued saying that they are eligible due to her being a British citizen.
Is this true?

Many Thanks
RIZ

[zimba]

1. Visa expiry is irrelevant. The eligibility date is counted 5 years from the date of the first entry to the UK, minus 28 days
2. A British citizen can make a joint claim for tax credits regardless of their partner's immigration status, however I do not think a person with No Resource To Public Funds on their visa can apply for tax credits on their own.

[Gr33n]

Thanks for your reply, just to understand the second point correctly. They both have claimed tax credits jointly. On the award letter it shows that the wife is getting the tax credit but for the working tax credit it shows the husbands name. Your saying that won't be an issue? Also how many bank statements will they need to show as evidence for receiving these benefits please ?

[zimba]

Thanks for your reply, just to understand the second point correctly. They both have claimed tax credits jointly. On the award letter it shows that the wife is getting the tax credit but for the working tax credit it shows the husbands name. Your saying that won't be an issue? Also how many bank statements will they need to show as evidence for receiving these benefits please ?

Husband probably should not get working tax credits. This should be checked with DWP