Question about leave to remain and child tax credits

Hi there

My husband is due to reapply for his second peroiod of leave to remain.

After we got married i was told that i MUST put my husbands name on the form because he is living with us but my claim would still be calculated as a single person as he is not allowed any public funds.

Im obviously a little worried about the term "joint claim" because hes not entitled to public funds.

He had to get a temporary national insurance number.

My question i guess is , have we been given the correct information? should it have to say joint claim even after i have told the tax credits folk that hes not entitled to public funds?

I dont want anything to go against him and now im really worried.

Im guessing they have to have him on there since he is living with me and since he does have the right to work but i am being paid as a single claimant. Just a bit worried about the fact that the letter says "joint claim"

Any help greatly appreciated <3

(edited just to add I am based in scotland and have not yet moved to universal credit. I am still on esa and housing benefit.)

Thanks

Tax credits MUST be claimed in JOINT names with your spouse. Not doing so would be benefit fraud.

No issue re visa.

CR001 wrote: ↑

Wed Jul 24, 2019 3:21 pm

Tax credits MUST be claimed in JOINT names with your spouse. Not doing so would be benefit fraud.

No issue re visa.

Thank you so much CR001

We are due to apply tomorrow and I hit the panic when I had seen that

Page 6 in the link below explains it for you.

https://assets.publishing.service.gov.u ... 4.0ext.pdf

Thanks for that link CR001

I was just having a read. It says they do count as public funds

"Paragraph 6 of the Immigration Rules (see related link) defines benefits considered as
public funds for the purpose of the Immigration Rules.
The following benefits and forms of support count as public funds:
• attendance allowance
• carers allowance
• child benefit
• child tax credit
• council tax benefit"

It is child tax credit I recieve

However, you guys have been fantastic and never steered me wrong! I trust you when you say there is no issue. That is also what the tax credits told me. They told me it was illegal not to have him on the claim but that my claim would still be processed as a single persons claim.

Read on, page 7 and 8 under excemptions.

Thanks again!

Thats where i got a bit confused

Found the reference on page 18

"A person subject to immigration control is not considered as accessing public funds if it is
their partner who is receiving the funds they are entitled to.
Child and working tax credits are claimed jointly by couples. If only one member of a couple
is subject to immigration control, then for most tax credits purposes, neither are treated as
being subject to immigration control. See related link: Child tax credit and working tax credit:
exceptions, Exception 5 for further detail"

Again honestly thank you so much <3 I feel much better now.

You're welcome