WP - child benefits - ILR

My friend has been on a WP for 4 yrs and 10months. He is married with 3 kids. He has been taking child benefits for last 2 years under his wife's name. Now he will be applying for ILR shortly but not sure what he should do.
Can someone advise what will be the best solution for him?

If he stop taking the benefits now and makes an arrangement with the benefit department to repay the money he has taken so far. Does he still need to disclose the fact in the ILR application?

Please advise?


Thank you

lapen123, you do not tell us enough. Please now post :-

• his nationality?
• his wife's nationality?
• if either of them have worked outside the UK, except in their home country, please provide details.

Hi John, Sorry for not mentioning the nationality. My friend and his wife both are indian and they never worked outside the UK.

Thanks

lapen123, no problem, but this whole matter is quite complicated, and nationality and where someone has worked can come into it.

OK so the wife is currently claiming Child Benefit? But not claiming Tax Credits? Whatever, she should write to the relevant office(s) and withdraw her claim(s) forthwith. She should also ask (unless she already knows the answer), did she disclose her nationality and immigration status when she made the claim? If the answer to that is "yes" then clearly the claim should not have been agreed. Or put it another way, they have been paying her money because of their mistake, if which case they cannot demand its return.

But the important thing at this stage if you withdraw the claim(s), so that nothing is currently payable. That is important. If you look at the ILR application form to be completed, it asks about Public Funds in the present tense ... are you claiming? !!!! And if the person is not claiming now, the correct answer to the question is of course "no".

Have both the man and his wife passed the Life in the UK Citizenship test?

Thanks John for your reply.

I just had a chat with my friend and he told me that he did mention about his nationality in child benefit form. But unknowingly he ticked NO to a question on the form that asks whether you are subject to immigration control. He further told me that Benefit deptt also asked to send their passports to them before processing the claims. So they must had seen the visa stamps which clearly says no recourse to public funds and still they granted the benefits. I think that it was a mistake on both parties side and not sure whether Benefit deptt will demand their money back?

I understand from your reply that after withdrawing the claim immediately and getting the confirmation for the same. He can write NO in the ILR application to claiming benefits question?

Please advise?
thanks

lapen123 wrote:Thanks John for your reply.

I just had a chat with my friend and he told me that he did mention about his nationality in child benefit form. But unknowingly he ticked NO to a question on the form that asks whether you are subject to immigration control. He further told me that Benefit deptt also asked to send their passports to them before processing the claims. So they must had seen the visa stamps which clearly says no recourse to public funds and still they granted the benefits. I think that it was a mistake on both parties side and not sure whether Benefit deptt will demand their money back?

I understand from your reply that after withdrawing the claim immediately and getting the confirmation for the same. He can write NO in the ILR application to claiming benefits question?

Please advise?
thanks

Hi lapen123,

If you don't mind me asking or sharing about your friend ILR application story? i.e. did they apply? and what was outcome?

Regards,

They did apply and got the ILR. But before applying they stopped the benefits. As the question in the ILR application form ask '' are you taking any benefits''. I hope it helps.

lapen123 wrote:They did apply and got the ILR. But before applying they stopped the benefits. As the question in the ILR application form ask '' are you taking any benefits''. I hope it helps.

Thanks for your reply. And it is really helpful.

One more question; after stopping these benefits, would your friend recommend that cover letter should be included with ILR application which also cover benefit error issue ?

regards,

I won't do that. I would suggest never volunteer information. Once you have got a confirmation from benefit department that your benefits are stopped then you can apply for ILR.