ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Detailed Public Funds guidance

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

shimlee143
Newly Registered
Posts: 7
Joined: Wed Jun 16, 2010 12:00 am
Location: manchester
Contact:

need healp, appointment booked on 5th april for SET(M)

Post by shimlee143 » Fri Apr 01, 2011 5:41 am

hi john , i have booked my appointment for the ilr and it is on 5th of April 2011, i need your advice on wtc and ctc, me and my wife both are claiming tax credits jointly, my wife is getting ctc and i am getting wtc at the moment its only me who is in paid work, dose it makes any problem tht i am getting working tax credit while i am on british spouse visa ? and another thing can we represnt tax credits award letters as proof for living togeather, please give me the detail advice what i need to do on appointment date
thanks

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Apr 01, 2011 6:00 am

shimlee143, given the date, I was very tempted to post that there is no way you will get ILR!

But seriously, why on earth do you think you are different from everyone else in the same circumstances?
John

shimlee143
Newly Registered
Posts: 7
Joined: Wed Jun 16, 2010 12:00 am
Location: manchester
Contact:

Post by shimlee143 » Fri Apr 01, 2011 4:09 pm

hi john , wht thing is going to make problem for me ? y its not possible to get ilr in my circumstances? should i cancel my appointment? do i need to do another arrangements to make ilr application? thanks for ur reply john

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Apr 01, 2011 4:57 pm

should i cancel my appointment?
Why on earth would you want to do that?

I don't understand why you think you have a problem.
John

Jay_707
Newbie
Posts: 40
Joined: Sat Feb 12, 2011 1:48 pm

Council tax

Post by Jay_707 » Sun May 22, 2011 11:13 pm

Hi there
I am hoping to apply for ILR soon under 10 year long residency. A few years back when I was under student visa, I gave my previous landlord a letter from the educational institute i was studying, confirming that I am a student living in the premises. My question is, in case the landlord has claimed council tax benefits on that will that affect my application? The mortgage was not in my name, and I did not personally claim/ receieve any benefits.

Please could you advice.
Thanks
Jay

sheryar Ahmed
Newly Registered
Posts: 14
Joined: Thu May 12, 2011 9:51 am

Child Benefit & Child Tax Credit

Post by sheryar Ahmed » Mon Jun 06, 2011 10:50 pm

Hi

Could any one kindly help me to answer the following questions

I am a non-european national with ILR ,my son aged 3 is now British National and i have to apply for my change my wife statud to a suppose dependant visa on FLR (M) form as i have got ILR now.

Can i claim child benefit and Child Tax Credit on the basis of i have ILR and my son is a british citizen?

Would claiming child benefit and child tax credit affect my wife's visa application as a suppose of a setteled person in the UK?

A precise and clear answer would be highly appreciated.

Just to clarify , i and my wife have never applied or obtained any kind of benefit at all previously.

Regards to every one

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Jun 07, 2011 6:30 am

Can i claim child benefit and Child Tax Credit on the basis of i have ILR and my son is a british citizen?
You have ILR and therefore you are entitled to claim Child Benefit, and you and your wife jointly can claim Tax Credits.

I am not sure I understand why those claims were not submitted immediately after you were granted your ILR.
John

sheryar Ahmed
Newly Registered
Posts: 14
Joined: Thu May 12, 2011 9:51 am

Child Benefit & Child Tax Credit

Post by sheryar Ahmed » Tue Jun 07, 2011 9:30 am

Hi John,

Thank you for your reply , i appreciate your effort.

I didnt claim child benefit and child tax credits as i was not sure if i am or my child is entitled to it now.

Could you please advise if by claiming child benefit and Child tax credit jointly would affect my wife's visaapplication for suppose of setteled person under FLR(M).

Regards

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Re: Child Benefit & Child Tax Credit

Post by Greenie » Tue Jun 07, 2011 9:55 am

sheryar Ahmed wrote:Hi John,

.

Could you please advise if by claiming child benefit and Child tax credit jointly would affect my wife's visaapplication for suppose of setteled person under FLR(M).

Regards
the question has already been answered by John. It has also been answered countless times in this section of the forum.

simtaku
Newly Registered
Posts: 2
Joined: Thu Jul 21, 2011 1:20 pm

Tax Credits

Post by simtaku » Thu Jul 21, 2011 2:18 pm

I have been having a problem claiming my tax credits and child tax credits for almost 2 yrs now. In November of 2009 I made a new claim to include my husband who was now living permanantly with us. While I am a british citizen and so are our 3 children he is not and is in the country illegally. I have disclosed this information to hmrc. Yesterday I received a letter letting me know that our joint claim would not be paid out because there was no record of 1 adult on the aplication. My question is that can mine and my entitlement be disregarded because of my husbands status. He has not been able to put in an application to regularise his stay because we have not been able to pay for all the relevant stuff needed.
To top it all of I was made redundant begining of this year a few weeks after finding out I was pregnant again with our last child so at the moment we are all surviving on just my maternity allowance and child benefit. I am very confused as I assumed that I would at least be entitled to child tax credits. I hope you can help me understand this.

pads
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

Post by pads » Thu Jul 21, 2011 7:10 pm

Hi John or anyone else who can help.

My Question is this My son is a british citizen working full time and renting a three bedroom house.
He is married to an American citizen who is going to apply for a spouse visa to join him in the uk.

They have an 8 month old daughter who is a british citizen. My son has been told that once his wife and child join him in the UK he can claim working tax credit and child tax credit and child benefit all this together totals bout 100 pounds a week.

My question is will the UK border agency take this amount into account when they apply for the spousal visa because without it his case is very borderline even though he is working fujll time.

Apologies if this has already been answered elsewere.

[img]ove%20pads%20x[/img]

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Thu Jul 21, 2011 9:40 pm

My son has been told that once his wife and child join him in the UK he can claim working tax credit and child tax credit and child benefit all this together totals bout 100 pounds a week.
I confirm, yes.
My question is will the UK border agency take this amount into account when they apply for the spousal visa because without it his case is very borderline even though he is working fujll time.
At first glance, no. A few years ago para 6C was added to the Immigration Rules, and it deals with exactly this point. It reads :-
A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P's sponsor as a result of P's presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P's presence in the United Kingdom under the regulations referred to in to paragraph 6B)".
In other words, in order to assess whether the financial test is passed or not, it is not possible to take into account benefits that will be payable if P, the visa applicant were to be granted their visa.

However it might be possible to argue that it is the son's presence in the UK that gives the entitlement to the benefits, well certainly as regards Child Benefit and Child Tax Credit, and the son is British and is not P in the wording of para 6C. It is the wife who is P and her coming to the UK does not actually increase the benefits payable.

The counter-argument of course is that the child will only move to the UK with her mother. But from the visa point of view the daughter could come here first, so I don't think that counter-argument holds much ground.

Can I ask, how much is your son earning? And if he already claiming Housing Benefit and Council Tax Benefit?
John

pads
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

Post by pads » Fri Jul 22, 2011 7:28 am

My Son is earning 1040 a month. but his rent is 500 pound and his council tax is 68 pound a month.

He dosen't qualify for housing or council tax benefit, but he does get a single persons reduction in his council tax which is why he is only paying 68 pound instead of 90 or thereabouts.

I think when you referred to the son in your post you actually meant his daughter but yes I take your point and I think you are exactly correct there is really nothing stopping my son going to america bringing his child over here claiming tax credits and then applying for the visa.

The problem is of course he dosen't want to take her away from her mother unless absolutely necessary and because he works full time nannan (me) would have to babysit while he was working.

You see the problem.

Thanks very much for replying this whole thing is giving me an headache x

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Jul 22, 2011 8:54 am

My Son is earning 1040 a month. but his rent is 500 pound and his council tax is 68 pound a month.

He dosen't qualify for housing or council tax benefit
That £1040 per month is the gross amount? If so, is he absolutely sure he doesn't qualify for HB and/or CTB? And what about Working Tax Credit?

If £1040 per month is the net amount, how much is the gross amount?
John

pads
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

Post by pads » Fri Jul 22, 2011 3:08 pm

That is net john I believe the gross is about 1208.33 I have tried out the benefits calculator myself and it keeps coming up that he dosen't qualify for benefits.

However I think If he succeeds in getting his wife over here I think he would qualify then If she is allowed to claim housing benefit that is another thing I am not sure about I know my son is but will it affect her ILR.

But my main concern was about the tax credits though the housing benefit information would be useful x

Love pads x

pads
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

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
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

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
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

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
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

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
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

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
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

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
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

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
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

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
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

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
Junior Member
Posts: 68
Joined: Thu Jul 21, 2011 6:53 pm

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

Locked
cron