Immigrationboards.com

[rekameohs]

My husband works part time with a 20 hour contract, I am currently unemployed. But my husband is on sick leave at the moment.

[John]

In the UK there is no unemployment benefit, and there has not been for many years. What there is is Job Seeker's Allowance. Are you job seeking? Signing on at the Job Centre +?

Or are you medically unfit for work, and therefore not able to job seek? In which case you might be entitled to another benefit.

Given the complexity of this, you and your husband might want to contact an organisation such as Citizens Advice Bureau, and get them to run through the benefits that the two of you might be entitled to.
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John

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[rekameohs]

Thank you very much, I will call the CAB tomorrow I really appreciate you taking the time to answer my questions.

[virenque]

OK, hope I'm posting this in the right place and not upsetting anybody

I've basically being having a tough time of it the last couple of years and have done very little work, leaving me in this situation. Which I completely accept is of my own doing I've read this forum as a lurker before and tried to take information in as best I can, so without further ado, my situation:

My wife applied for ILR (Set(M)) at the end of April (She entered in 2008, which makes us applying under the old rules, I think?), we have two children and I have been claiming CTC(Jointly), CB(My name), LHA(Jointly I think, but council are fully aware my wife has no recourse to public funds. We have two children and are receiving the allowance for two bedrooms, so my wife doesn't change the award in anyway) and CTB(same situation). I'm correct in thinking that none of these benefits will affect the application aren't I?
We received the Biometrics letter in June and followed that procedure as instructed. We've now been asked for council tax bills, tax credits letters for next year, current account statements (I sent details of our savings account first time around) and a further 5 official documents addressed to both of us. Does this just sound like the caseworker wanting to check that I am receiving the benefits that I claimed I was and whether it is sufficient to live on? (We also have £10000 saved in the previously submitted savings account if this helps)
Reading this thread http://www.immigrationboards.com/viewtopic.php?t=104025 makes me worry as I am not not getting £1000 after rent has been paid, we actually get less than half of that But I think that only applies to those wanting leave to enter the uk, so not applicable to our situation hopefully?
I'm trying not to stress out too much at this stage, but when the stakes are so high, it's hard not to My wife's friend was in a similar situation (without the savings) and only received FLR in february, as she had failed to complete the LITUK test. So I was expecting things to be easier for us, but apparently not.

[John]

virenque, when the SET(M) application was made, what evidence of the two of you living together did you provide?

Just trying to understand the background as to why they are requesting documents at this time.
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[virenque]

To be honest the usual types of letters, I tend to keep things in my name only, but tenancy agreements(my name), utility bills(my name), tax credit awards(joint), NHS letter(Wife's). The same kinds of letters I sent for the previous two successful applications really. I have nothing to hide, so I'm not too concerned about that aspect of it. It's more the financial side of things I'm worrying about.

[Greenie]

It sounds like they are more interested in evidence of living together to me. What exactly does the letter say?

[virenque]

It just asks for additional documents to further consider the application. I've got a few more jointly addressed letters to send from official sources, but to be honest I can't imagine my application is particularly weak in that regard. Like I said, I have nothing to hide, so that side of things is more an annoyance than a problem .

[Greenie]

From the documents you have listed above only one was in your wife's name which is probably why they have asked for more documents in joint names.

[virenque]

Ok, thanks for the feedback, I have another 5 jointly addressed documents to send in, so I should be fine in that aspect. How about my other questions? I'm entitled to claim the benefits aren't I? Is the financial side something to worry about or will it probably not be an issue? Would it be a good idea to include a cover letter and if so what should I include in it?

[agnesh]

Dear John/anyone who can help

I have a question about which boxes to tick in the public funds section of the SET M form. I am British and my (African) husband is in the process of applying for ILR. For the past two years, I have been claiming child benefit and WE have been claiming child tax credit, which is paid into my account. I looked at this forum several months ago and was clear about which boxes we would need to tick on the SET M form - in both cases I would tick CB and CTC under my name, but not my husband's.

However, our circumstances have changed following an increase in the number of hours that my husband works, and a letter arrived in the post saying that we will now be getting WTC as well. I do not work (I am a full-time postgrad student with some funding, but this is not taxable and therefore does not count as 'income'), my husband does. So on the tax credits form from HMRC, it says: working tax credit to be paid to [my husband's name]; child tax credit to be paid [to me].

In this case, it seems as though it would be wrong for me tick WTC on the SET M form under my name, and that we should tick WTC under my husband's name. But of course now I am worried that somehow this could complicate his ILR application. I understand that technically we haven't done anything wrong, as he is exempt from immigration control for tax credits purposes only. However, I am still worried that if they see a tick in the box next to WTC under HIS name, it could give them an opportunity to refuse ILR, but yet if we put the tick under MY name, they will check with HMRC and find that he is the one receiving working tax credit not me, and THAT could be a reason to refuse his application!

I am very suspicious of and have little faith in the bureaucratic systems that deal with these processes and really don't want anything to go wrong. (Initially, when we applied for (child) tax credit it was refused on the grounds that my husband had 'no recourse to public funds' on his visa. It took me several months, dozens of phone calls and lots of pleading - 'but surely my son and I, as British citizens living on a very low income, should be entitled to something? can I not apply as a single mum then? we can't be the only ones in this situation? - before the tax credits woman agreed to try and 'find a solution', making me feel as though she was doing me a personal favour!)

So any advice would be very much appreciated! Thanks for your help!

[agnesh]

Anyone out there who can help? Please?

Just to recap: I am receiving CB, WE are receiving CTC and WTC. The CB and the CTC go into my account, but on our tax awards letter it clearly states that the WTC is to be paid to my husband, who is on a spouse visa. I am not working, he is.

My question is: which boxes do we tick in question 8.6 on the SET(M) form, where it asks: are you or your partner receiving any public funds?

Should we

a) tick only CB under my name, and ignore CTC and WTC (since I understand that in our case, CTC and WTC do not count as public funds). I think this is probably the 'correct' thing to do, but when we submit our bank statements, they will see that we have been receiving CTC and WTC. Could this cause a problem - i.e. will the people dealing with the application be knowledgable enough about immigration rules? Is it wise to submit an explanatory letter, or could this make things worse?

b) tick CB and CTC under my name, and WTC under my husband's? This seems risky to me...

c) tick all three under my name? Also seems risky, once they see that the WTC is paid to my husband...

Thank you to anyone who can help!

[fifiwong]

I am on a work permit dependant visa with no recourse to public funds. I have just realised yesterday that I had claimed something which I was not supposed to claim. I claimed Health In Pregnancy Grant in November 2010 without realised that scheme was listed under “social funds”. I rang HMRC yesterday notified them I wanted to repay the benefit money received but they told the relevant department does not exist anymore as the scheme scrapped and asked me to contact the local job centre plus. I spoke to a guy from job centre plus this morning, he checked my record and said there is nothing for me to repay so there is nothing I should worry about.

I am still feeling anxious and worried as any benefit claims might jeopardise our ILR application in this coming November. I wish to pay back the money but not sure what department I should approach and where to send the money to?

Can anyone help me with this please? Please advise me on what to do next.

Many thanks.

[lolly10]

I am britsh husband is under immigration control and is not allowed to work in the uk. I have just started working 20hours a week, I have one child. Do I qualify for working tax credits and child tax credits. As he is unable to work the 24hours you are to work to be eligible does this still apply? Thanks

[east579]

Can anybody please help me i need some advice I am British and my girlfriend is Brazilian we have just recently had a child together my child is British.

My girlfriend is an over stayer and we have an appointment in January to seek advice on how to alter this situation the problem is my job is going to be ending in December and i am going to have to claim some benefits job seekers, HB+CTB could anybody advise me on the best way to approach this?.

The questions i have is
1.Do i claim job seekers for just me and my child but inform DWP that my partner is there?
2.With HB and CTB do i make the claim in my name for me and my child and just notify the council that my partner is living with me and hasn't any permission to work and no income?.

Any help would be much appreciated.

[zubair_hr]

[John]

You are in the right topic, but now you need to go back to its beginning. In particular read the post I made "Fri May 23, 2008 3:20 pm".
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[zubair_hr]

[John]

[zubair_hr]