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katvenk · Newbie Joined: 11 Jan 2011 Posts: 3

Hello,

I never thought this will be a worry. My situation is as follows. I am currently on a work permit from Jan 2008. I have my wife here as my dependent. We had a baby in 2009 (born in UK) and when the baby was born we applied for child benefit and child tax credit. I did not know that I was not entitled to it. I submitted photocopies of my visa and the HMRC also did not pick it out. SO I started receiving both of them from July 2009 to March 2010 when my friend who is also on a work permit told me that the fact that I am receiving these funds should be a mistake.

So I wrote and called HMRC and my child benfit was stopped from Apr 2010 and the Child benefit team did not want me to pay anything back because they realised it was their mistake too for not spotting my imigration status from my visa photocopy in my application. However the Tax credit people wanted the money back. So I am paying them back in monthly installments.

Now I am making a Tier 2 application. Since I am carrying on the same job I automatically get 50 points. So everything in the application is fine. However I am not sure what I should fill under the benefit section. The question states "F1. Is the applicant receiving any public funds? (Yes/No)"
I am currently not receiving any public funds so my answer would be no. However I have received for a 9 month period before. Should I state it in my application. I donot want to lie on my application (I think hiding information would be fraud too). So currenly I have planned to attach a letter stating the complete history.

Your opinions will be very much appreciated.

Many thanks
Venkat

John · Posted: Tue Jan 11, 2011 7:33 am Post subject:

What is your nationality, and that of your spouse? And if either of you worked in another country, apart from that of your nationality, before arriving in the UK on your Tier 2 visa, please give details.
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katvenk · Newbie Joined: 11 Jan 2011 Posts: 3

Al are indians. Never worked outside UK.

John · Posted: Tue Jan 11, 2011 9:29 am Post subject:

OK, that confirms that there was no entitlement to claim those benefits. But they have already stopped being paid, so the honest and correct answer to the Public Funds question on the ILR application form is "No"!
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katvenk · Newbie Joined: 11 Jan 2011 Posts: 3

Thanks John.

Would you recommend me to attach a letter stating what happened. Or not bother?

John · Posted: Tue Jan 11, 2011 12:37 pm Post subject:

I shall answer in this way. That is, if I were in your circumstances I would not attach a letter of the sort mentioned by you.

But it is totally up to you how you proceed in this matter.
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Faithful · Junior Member Joined: 12 Jun 2010 Posts: 21

John, you're the best!!!!!!!!!

doc44 · - thin ice - Joined: 07 Jul 2011 Posts: 135

Hi,

I am in the same situation. was getting child benefit and tax credit but no more. Had it stopped as soon as realised that it is an unknowing mistake. Just want to check with you (katvenk) the outcome of your application. Do you get your visa stamp al right?

I have to extend mine by September this year. Thanks

doc44 · - thin ice - Joined: 07 Jul 2011 Posts: 135

John · Posted: Fri Jul 08, 2011 6:55 am Post subject:

doc44 · - thin ice - Joined: 07 Jul 2011 Posts: 135

Hi John,

Thanks. I have checked with HMRC again and they have told me that both the benefits are formally ended and are not on hold. If I want to claim again I have to start everything from scratch.

Secondly, we are from Pakistan and am on work permit and my wife is a dependant. We were issued benefits at first place on the reason that we are sponsored immigrant (sponsored by a UK employer). HMRC knew of our immigration control restictions and nationality.

Regards

John · Posted: Fri Jul 08, 2011 4:23 pm Post subject:

Omnama · Newbie Joined: 30 Aug 2012 Posts: 1

Hi,

I was on a tier 2 visa earlier and had claimed CB for for 7 months by mistake. My husband is in tier 1 general visa. I went to home country for more than 3 months hence cancelled the CB. Now I am back in UK on a tier 1 general dependent visa and not claiming CB. Our tier 1 visa is due to expire next month and we planned to go on a same day appln. The dependent application has a question which states 'Are you currently receiving or have you ever received public funds in the UK?' I'm really worried if answering this question will affect my Husbannd's Visa? We both hold Indian citizenship and not worked in Canada. Please provide a solution or work around for us.

plkaa · Junior Member Joined: 06 Sep 2012 Posts: 14

I am I ndian by nationality and i have applied for tier 2 visa extension. I am currently receiving child benefit. I was completely unaware that I should not be on it. I have mentioned "yes" to receiving child benefit in the application. My application is delayed as I applied on 7th July 2012 and am still awaiting outcome. what should i do now? Are they going to refuse me visa because I received CB? Should I call HM&Rev and cancel my CB and then inform UKBA? Is this causing delay in the application? please help.

plkaa · Junior Member Joined: 06 Sep 2012 Posts: 14

ahmadh294 · Newbie Joined: 02 Jan 2013 Posts: 1

Hi Plkka

Could you please let me know if you have heard from the Home Office yet ,I'm facing the same problem .please advise

Thanks