Husband Refugee Wife on Spouse Visa. Can we claim tax credits?

Hi all,

Could you guys please help me as I could not find any information regarding refugee status on the public fund guidance.

My husband is currently holding refugee status visa I am holding spouse visa.

Could we apply tax credits in joint names?

Thanks.

According to Immigartion and Asylum Act 1999 section 115(9):

“A person subject to immigration control” means a person who is not a national of an EEA State and who—
(a)requires leave to enter or remain in the United Kingdom but does not have it;
(b)has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;
(c)has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
(d)has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

Can I conclude that refugee is not subject to immigration control?

Can anyone help?

Many thanks.

I think we may conclude that "a person subject to immigration control", listed in 115(9), is excluded from claiming benefits under 115(3).

A person with refugee status has limited leave to remain under paragraph 335.

Does his leave include a condition "no recourse to public funds"?

I think
If 115(9)(b) is true, then he may not claim.
If 115(9) is false, then he may claim.

If he may claim tax credits, then you should jointly claim.

Hi Vinny,

Thanks for the reply.

Yes he can recourse to public fund.

Hi Vinny,

His visa does not include "no recourse to public fund" condition.

Then I think he may claim.

Thanks Vinny