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guidance needed

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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odyssey
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guidance needed

Post by odyssey » Sun Oct 24, 2010 3:57 pm

Hi
I am a 24 year old student from Pakistan who has been in the UK for the past 3 years. I recently got married and applied for a spouse visa (FLR(M)). My wife is on benefits as I am not allowed to work full time on my student visa and therefore cannot provide for her and her young children. She is currently in receipt of child tax credit, income support and full housing benefit. My name is not on any benefit. She is a British citizen from birth. i sent off my FLR(M) form last month and received a reply from them a couple of days ago asking for some more information (part 7 of the form, a finance proforma, 3 months bank statements and 3 months wage slips). i do not have any of these things as i have not been working I am supported by my family in Pakistan who send me money every month.Once i get my spouse visa then I can work full time and provide for my family. but on my current visa this is not possible. When i filled the forms the guidance notes to this particular form say that in order for your application to be valid you must fill out sections 1,5,8 and also the biometrics section. i did all this and they sent me section 7 back saying i need to fill that too.a few of my friends also changed there visas from student to spouse and filled in the forms the same way that i did missing out section 7 which as far as we know only applies to people who are currently in another country waiting to be sponsored to come into the UK as a spouse or people applying for indefinite leave to remain and not further leave to remain. their visas have gone through with no complications and this information was not requested from them so why me? please could you help me. I would be very grateful for your support.
Thank you for your help.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Oct 24, 2010 9:11 pm

I am concerned to read :-
My name is not on any benefit.
Can you please confirm that the Tax Credits claim is actually in the joint name of you and your wife.
John

odyssey
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Posts: 2
Joined: Sun Oct 24, 2010 3:02 pm
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Post by odyssey » Mon Oct 25, 2010 12:02 pm

Thnks For Replying No The Claims Are Not on My Name All The Claims Are Just On My Wife's Name . My Name Is Not Involved In Any Of the Claim.

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

Post by John » Mon Oct 25, 2010 1:07 pm

Then that is a real problem, and could amount to benefit fraud! In respect of a couple living together it is a requirement that Tax Credits claims are in joint names, and that the income of both of the couple needs to be disclosed.

For reasons as fully discussed in this Claiming Benefits section of this board, in your circumstances, you being a joint claimant for Tax Credits is not a problem as regards your immigration status.
John

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