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Detailed Public Funds guidance

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, Zimba

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pads
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Post by pads » Sat Jul 23, 2011 8:48 am

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

John is this saying that they should count tax credits the relevant section you want is on page 45 of 56.

I will type it out for you.


If the Sponsor needs to claim more public funds to support the applicant but these are funds that the sponsor and the dependant would be jointly entitled to you must not refuse the application, for example if the increased funds fall under the tax credits regulations such as working or child tax credits, then you must not regard the applicant as having accessed public funds.

What do you think love pads, and thanks for replying.

Love pads x

John
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Post by John » Sat Jul 23, 2011 9:19 am

It is good news that UKBA is interpreting the interaction between para 6B and para 6C in that way. I had not appreciated that.

I now think that your son should use the Tax Credits calculator on the HMRC website ..... click here .... and feed in details of his income, and family details as if his wife and child were already in the UK. As regards his wife he should answer "Yes" to the "Are you subject to immigration control?" question.

He will end up with details of the Tax Credits he might expect to receive, which he should print out and supply with his wife's visa application.

He should also detail the amount of the Child Benefit that will be received, when his child moves to the UK.
John

pads
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Post by pads » Sat Jul 23, 2011 12:35 pm

Thanks very much for replying john I really appreciate it.

So I gather that you think it would be safe to apply then including the tax credits that is so much a relief. I will do a maintenance calculation but I am pretty sure with the tax credits he qualifies.

Do you also know about housing benefit I know that he will be allowed to claim it once his wife and child are over here but I am not sure if this will affect her ILR.

Love pads and thanks x

John
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Post by John » Sat Jul 23, 2011 3:36 pm

Do you also know about housing benefit I know that he will be allowed to claim it once his wife and child are over here but I am not sure if this will affect her ILR.
Given that the family will include a child it is impossible for a possible para 6A problem to arise. So yes, as soon as the family are here he should indeed claim Housing Benefit and Council Tax Benefit. But also, as soon as the wife has moved in, he needs to notify the Council that he is no longer entitled to the single occupant discount.

But it continues to be the case that the benefit of the possible HB and CTB claims cannot be taken into account when the wife applies for her spouse visa, in view of para 6C.
John

pads
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Post by pads » Sat Jul 23, 2011 4:03 pm

Thanks john.

I have tried to feed in his details into the HMRC calculator and for some reason It refuses to come up with a result I guess its busy at the moment so will have to try again later.

As with regards the housing benefit I think what you are saying is that this cannot be included for visa purposes which I understand because she has to be present for him to claim it anyway. ie she would have to be listed on the tenancy agreement which she can't be until she is here. And it is not income as such it is a reduction in housing costs. But when she comes over it is perfectly legit for him to claim it.

Thanks pads x

John
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Post by John » Sat Jul 23, 2011 4:12 pm

ie she would have to be listed on the tenancy agreement
Not at all, whose name(s) the tenancy agreement is in is irrelevant.

The problem is para 6C of the Immigration Rules, as mentioned earlier.
John

pads
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Post by pads » Sat Jul 23, 2011 5:00 pm

aah I see now thanks.

Btw will keep you informed of how it goes when he applies.

Love pads x

pads
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Post by pads » Mon Jul 25, 2011 9:25 am

John I can't get the tax credits calculator to play ball can you suggest another calculator that I could use.

Love pads x :)

John
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Post by John » Mon Jul 25, 2011 2:40 pm

In what sense is it "not playing ball"? I have never detected a problem with it.
John

pads
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Post by pads » Mon Jul 25, 2011 5:25 pm

It won't give me a result keeps saying there is a problem when I get to end and click on get your result.

Love pads x

pads
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Post by pads » Mon Jul 25, 2011 5:40 pm

lol It must have heard me its worked now, have printed it out love pads x

jass17
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Post by jass17 » Thu Jul 28, 2011 6:45 pm

hi john..

i really appreciate the way u helping others..
i came to uk in feb 2011 on spouse visa... me and my husband are living with my in-laws. my husband owns a house as well. he sponsered me on that address.. but we are living with our parents now... so my query is that will it be a problem at the time of appying for ILR.. as we dont have any bill on our name.

i'll be grateful to you

John
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Post by John » Thu Jul 28, 2011 9:27 pm

we dont have any bill on our name
You really do need to download the form SET(M) and read what it says about documentary evidence to be supplied with the completed form.

You came to the UK a few months ago. You and your husband need to start planning what evidence will be supplied in 2013.

As you will see from the form, the list of possible evidence is not just bills.
John

goals22
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Post by goals22 » Sun Aug 14, 2011 4:33 pm

John - I am hoping you can guide me in my below query which is similar to some of the above, but also slightly different.

Me and my wife(from south-america) got married(civil) one year and 11 months ago in the UK. As a result she successfully obtained a two year spouse visa.
Prior to our marriage she had been in Spain for several years and was then awaiting her spanish citizenship(Spanish passport). The reason we did not wait for this and instead obtained a spouse visa in the UK is because we wanted to be together in the UK sooner rather than later.

She has now received her Spanish passport and thus is a European Citizen. I wanted to ask 1 questions;

1) My wifes Spouse Visa expires at the end of August 2011. We have recently had a child and would like to claim child benefit. With her new Spanish passport is she free to claim Child Benefit, or because of her previous immigration history is it only possible for me to claim this in my name (I am a British Citizen)
I am not sure if this is something that happens often so any guidance in this matter is appreciated.

John
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Post by John » Sun Aug 14, 2011 4:54 pm

Congratulations, on two counts .... the baby, and your wife now being a Spanish Citizen.

Firstly, what are you planning to do as regards your wife's current spouse visa? Just let it lapse and really instead upon your wife's Treaty Rights to live in the UK? To me it seems an unnecessary expense to apply for ILR, unless you have a specific reason to do so.

Secondly, as regards benefits, you are British and irrespective of your wife's status there would be no problem you and/or your wife claiming Child Benefit and, as relevant, the two of you jointly claiming Tax Credits.

So your wife's change of status changes nothing .... such benefit claims totally OK.
John

Greenie
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Post by Greenie » Sun Aug 14, 2011 7:09 pm

Already asked and answered in detail here. I personally think that given Op's wife is so close to qualifying for ilr it may be worth applying if they can afford the fee as otherwise she needs to exercise her treaty rights for 5 years before she qualifies for permanent residence.

goals22
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Post by goals22 » Sun Aug 14, 2011 9:14 pm

John - Thanks. We are both really happy about the baby and the passport also.

In regards to the spouse visa - that was exactly the plan. Effectively do nothing and let it lapse as with the Spanish passport my wife is legally allowed to stay. Greenie confirmed that I did not need to advise UKBA of this either.

With regards to the Child Benefit I wanted to check she could apply - which you have just confirmed, as this is our preferred option.

Unfortunately we don't qualify for any Tax Credits.

Thanks again.

ASides
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Post by ASides » Tue Aug 16, 2011 9:18 pm

I would just like to thank John and the moderators of this site for all the information they have provided.

I had many questions before finding this site and reading through the topics and answers from John and the other moderators. I found all the answers here. Thanks and respects.

unfair
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Tax credits

Post by unfair » Thu Nov 17, 2011 2:38 pm

Dear John,

You may have already exhausted this topic but I am hoping that you can give me a tailored response that would set my heart at peace.

My wife is a British citizen and I am on a 2 year spouse visa which is expiring soon and I will be applying for ILR. We have a 20 month old child. We have been claiming child tax credit and working tax credit in joint names.

Have I breached the immigration rules in any way, seeing as we can only claim tax credits in joint names?

Please please answer me.

Thank you

John
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Post by John » Thu Nov 17, 2011 4:12 pm

A tailored response? Absolutely not necessary. Exactly this matter has been covered numerous times in this Public Funds section of this board. Obviously you do not have a problem.
John

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