Definition of Public Funds

[Chess]

Immigration Rules, including para 6

Go to para 6 and read the definition of "Public Funds"

Please note that the link previously provided no longer works and so has been deleted. And Annex W of the internal instructions is out-of-date and therefore liable to confuse.

Edited : 18th September 2005

Checkmate
On behalf of the Moderators

[Khurram]

The list of Public Funds was updated on 28 June 2004. The Immigration Rules were changed on 15 March 2005 and this list has now been amended in line with the Immigration Rules.

Click here to view

Regards

[John]

Not sure where you got the date of 28 June 2004 from. However the latest definition of Public Funds was only adopted as from 15 March 2005.

Until that date Child Tax Credit, for example, was not within the definition of Public Funds, and even now many people can legally claim such a Credit without breaching any of the Immigration Rules. If in doubt, read the "small print".

[Khurram]

Not sure where you got the date of 28 June 2004 from.

Source would be the email that I received from Foriegn Office's Web Server. And reason for posting it here was to share this tiny bit of information with the rest of the board members. Over the last couple of years have seen loads of queries regarding the specifics of Public Funds on this BB.

Regards

[voot]

Hi,

I am workpermit holder, and nearing to complete the 4 years time.

I have obtained child tax credit two years back and still getting the same.

Will i eligible for my indefinate stay to remain application?

please clarify how to defend my position if this raised by a home office staff

kesh voot

:cry:

[John]

Voot, this is a complicated area. You are presumably in the UK with your spouse. Could you please give details of the nationalities of you and your spouse.

Worse case ... if you are not currently eligible for child tax credits ("CTC") then it was only two months ago that CTC was added to the Public Funds definition. So it might be necessary to disclaim CTC until you get ILR.

However this will all depend upon the nationalities of you and your spouse. It might be the case that you are still entitled to claim, even though CTC has been added to the Public Funds definition.

[voot]

Hi,

Thanks for the speedy reply Mr. John.

I am indian national my family (myself, wife and a kid) are atpresent in UK

we are going to apply ILR in couple of days time. All of the sudden new application has this bomb.

My bank statement are clearly showing that i am claiming tax credits.

Even though if i start to disclaim the CTC now, it may not reflect until next two months.

bit of worried,

any way thanks for the information.


thanks

voot

[John]

Voot, OK as far as I can see, I don't think you or your wife are within any of the exceptions, so as from 15th March 2005 there should not have been a claim for Child Tax Credit. Until that date it was totally OK.

By the way, just to make sure, has a claim been made for Child Benefit? That has been a no-no for anyone holding a visa with a "No recourse to Public Funds" restriction since about 1995.

Other opinions obviously very welcome here but I think just be honest and open with IND when the applications are made for ILR. The restriction only came in on 15th March, less than 7 weeks ago ... you have only just discovered that .... and on the CTC application form the nationalities of you and your wife were fully disclosed .... and the CTC office have not been in touch after the change in "Public Funds" definition.

Were you intending to apply for the ILR in person at a PEO or by post? If you were intending to apply in person, cost £500, I would save the extra money and apply by post, cost £335. Only straightforward cases are dealt with on the same day and I suspect that your applications might be a bit too complicated to be allowed same-day consideration.

I think, in any case, why not contact the Tax Credits Office and withdraw the CTC claim, and ask them to what arrangements need to be made to refund money paid to you since 15th March 2005.

The stupid thing is that after ILR is granted you and your wife will be able to claim CTC again.

[voot]

Hi,

Thanks again for the speedy reply,

I have contact CTC and stop the payment and they understand this problem and send the letter stating that i have stopped the payment from 15th march 2005. and about refund they will send another letter for these matter.

I have delayed application, as per your instruction i would like to go for the postal application, but mywife and kid have to go india for family functions at the end of this month.

my workpermit is running out as well at the end of month.

i have not claimed any benefit apart from this.

apart from CTC, all my papers are straightforward.

waiting with my fingers crossed.

kesh voot

[voot]

hi,

How important is 4weeks before 4 years completing period in wp.

Is any get ILR before 4 months to 8 months?


voot

[voot]

Hi

Thanks for your support in ILR related issues.

Finally I got ILR now.(sep 2005. No conditions on the ILR stamp)


Could you please clarify me the following

01. Can I claim Child tax credit now?

02. When I apply for my naturalisation process/british passport?


Once again thanks for your valuable support.

voot

[John]

Congratulations on the ILR. As you rightly say, there are no conditions printed on the ILR visa ... and thus no problem whatsoever claiming any "Public Funds".

Naturalisation? Given that you are not married to a British Citizen, you need hold have held ILR for at least one year when you apply. Also note the absolute requirement ... you must have been physically in the UK exactly five years before IND receive your naturalisation application.

And given that you will be applying after 01.11.05 note you need to enclose a pass certificate for the soon-to-be-introduced Citizenship test, or at least a certificate showing you have attended the relevant Citizenship/language course.

[george_by]

Could you please clarify me the following

01. Can I claim Child tax credit now?

Voot

You can claim your Tax Credits now - Submit new application, easy done on the internet. They would probably request a photocopy of your visa.

You can also claim Child Benefit - https://esd.dwp.gov.uk/dwp/index.jsp

Also check http://www.entitledto.co.uk/

George