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10 year set(LR) application with working tax credit £5000

Questions and discussions about claiming benefits while living and working in the UK

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mycanal1
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10 year set(LR) application with working tax credit £5000

Post by mycanal1 » Sun Oct 06, 2013 1:31 am

I will complete my 10 year on combination of student visas and currently on Psw visa. Wife is on dependent visa, have 2 uk born children age 5 and 2. by mistake applied for working tax credit in 2005 till 2007 (2 yr) amount approx £5000. Now very worried that it might get us refuse my ilr application and would havoc life of whole family as everyone mys wife and 2 uk born children r dependent on me. we r non-eec .
now my question is what r my options.
should I contact Hmrc and ask them to calculate and I pay them before I applying for ILR set (LR). Woulsd it save me for refusal?
or there is any better suggestion. I was reading general guidance note for caseworker and it say rufal and it might come under deception.
Can anyone guide me about payback arrangement, do i need any letter from hmrc etc. please guide me in detail please.

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Amber
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Post by Amber » Sun Oct 06, 2013 8:05 am

Expand on what you mean by you applied by Mistake? Did you clearly inform the HMRC that both you and your wife were subject to immigration control?
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mycanal1
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ILR and Work tax credit paying back

Post by mycanal1 » Sun Oct 06, 2013 6:22 pm

D4109125 wrote:Expand on what you mean by you applied by Mistake? Did you clearly inform the HMRC that both you and your wife were subject to immigration control?
we didn't understand the meaning of subject of immigration control. I assumed that immigration control are ppl who have to report to police every week. Before applying online, I did phone HMRC and was advised that since I am working and paying tax, I am able to claim as long as I work over 16 hour.
Now I know and since 2008 onward, we didn't any sort of benefit e.g housing, child benefit etc.
But my challenge is how to pay back and get proof that it was hmrc admin error as required by ukba case worker guidance notes.
I need help/guidance on how to write to hmrc to accept payment back for yr 2006 and 2007. and write me letter that it was admin error on their part. as mentioned in pg 48 of this :
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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Amber
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Post by Amber » Sun Oct 06, 2013 7:30 pm

You ought to pay it back and you may not have to mention it at all. If you did not inform the HMRC that you were subject to immigration control it is unlikely an admin error as the form clearly asks, and if you ticked no then that is not their error.
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mycanal1
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what to write them hmrc

Post by mycanal1 » Sun Oct 06, 2013 8:25 pm

inorder to pay them back, i need to find out total from them and they always ask question , that why you want to pay back.
i remember, it was hard to stop them, when i asked them to stop they said we cannot stop unless u tell us the reason.
so now what should i tell them, that why i am returning it.

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Post by Amber » Mon Oct 07, 2013 7:45 am

It's up to you to tell them that you claimed but were both subject to immigration control, if you so wish. It's unlikely the home office would find out.
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Post by Amber » Fri Oct 11, 2013 8:06 am

mycanal1 wrote:I wish to apply for long residence 10 yr ILR, but back in 2005-2007 (2 yrs),
i was misguided by hmrc that I was eligible. Now I regret the mistake and fear that my 10 yrs stay might be refused. my curent visa is till aug 14, o i will wait till the end of my visa, so that my son become 7yrs.
my question is, should i apply and wait for the result form HO. or mention it in the cover letter with application. Its 7 yrs old mistake which might haunt me but i am not sure. Should i contact hmrc to take back WTC? whould i write or email or ph. Would they admit it was their admin error? My English writing is poor, can someone give me draft /sample letter, please one for hmrc and one for HO.
does anyone know HO check back to 7 yrs?.
r there many refusal these days for similar cases e.g WTC, CTC etc with no recourse to public benefits. what r the chances of winning appeals?
any help/guidance will be appreciated.
thankyou
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Atif786
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Re: what to write them hmrc

Post by Atif786 » Sat Jan 26, 2019 3:31 pm

mycanal1 wrote:
Sun Oct 06, 2013 8:25 pm
inorder to pay them back, i need to find out total from them and they always ask question , that why you want to pay back.
i remember, it was hard to stop them, when i asked them to stop they said we cannot stop unless u tell us the reason.
so now what should i tell them, that why i am returning it.
Hi Mycan, do you have any update on your case or any outcome , please share it as I am in the similar situation
Atif

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Casa
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Re: what to write them hmrc

Post by Casa » Sat Jan 26, 2019 4:29 pm

Atif786 wrote:
Sat Jan 26, 2019 3:31 pm
mycanal1 wrote:
Sun Oct 06, 2013 8:25 pm
inorder to pay them back, i need to find out total from them and they always ask question , that why you want to pay back.
i remember, it was hard to stop them, when i asked them to stop they said we cannot stop unless u tell us the reason.
so now what should i tell them, that why i am returning it.
Hi Mycan, do you have any update on your case or any outcome , please share it as I am in the similar situation
Please desist from tagging your question onto the end of inactive threads which are several years old! This topic is from 2013 and member Mycan hasn't visited the forum since Feb 14, 2014 :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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