Public funds-tax credit

I am in a very confused state,i am from Gambia and my wife is a british citizen,i am working but she is not,together we went to the inland revenue people to apply for Tax Credits because though i had no recourse to public funds in my passport,i read for purposes of tax credit,we could still claim but jointly.I have just a few days to apply for ILR and rang Inland revenue to verify again whether i was right claiming the money with my wife eventhough she was not workingand they said it was fine,i rang the croydon number and i was told it was a big NO even if i claimed with my wife,i told them it was on their site but still the call centre ladysaid it wasnt allowed.I contacted Inland revenue people again and they comfirmed we could still claim it,i am now confused since i don't know whom to listen to and am confused since we have been claiming it for a while though,i would be very happy if anyone with information on this area could throw some more light to put my heart at ease,thank you

The first thing to say, given that you say "I have just a few days to apply for ILR" is that it is essential that you submit the application for ILR before the expiry of your current 2-year spouse visa.

OK, the Tax Credits question! It does not surprise me at all that Croydon continue to get it wrong, as regards this rather technical matter. So lets just set the scene. Firstly, you have child(ren)? If so it is essential that the Child Benefit claim is made by your British Citizen spouse, and certainly not by you with the "No recourse to Public Funds" restriction on your visa.

Tax Credits? For a couple living together it is absolutely necessary for a Tax Credits claim to be made jointly by the couple. It would be very wrong for the claim to be made by just one of a couple. At first glance the "No recourse to Public Funds" restriction on your visa causes a problem. However some "small print" in the Tax Credits legislation is extremely useful to you and your spouse. Namely reg 3(2), Tax Credits (Immigration) Regulations 2003 says that where a couple consists of one person who is not subject to immigration control ... your spouse ... and one person who is subject to immigration control ... you .... then for Tax Credits purposes only they are both treated as being not subject to immigration control ... and hence a claim to Tax Credits is totally OK for such a couple.

Reg 3(2) is reinforced in its application by para 6B of the Immigration Rules :-

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

-: and i confirm that the regulations, that is, the Tax Credits (Immigration) Regulations 2003, were indeed made under section 42 of the Tax Credits Act 2002. So clearly, in your circumstances, you are "not be regarded as having recourse to public funds" .... but don't be surprised that the Croydon so-called Helpline continue to get this wrong. The detailed legislation is there to support you.

It matters not at all that it is you working, and your British spouse not working .... that is simply not an issue here.

I am most grateful for your reply,you have put me my heart at ease,i have worked all my stay here and i do not want to deliberately take money from the system that i am not due for.About kids,we have none.
I have had a look at the appliction form and i have gathered all the documents,what i need to ask is in filling the form,do you think it is a good idea to tick the 'I and my partner are receiving public funds' and under the section 'you or your partner'should i tick my partner or both.
I don't really know what that helpline at croydon is for if they cannot give proper information about what the rules are,infact i had one call lady slam the phone on me because i asked her to check the website of her own outfit which is in Chapter 7,Public funds section,5.11 or 5.1.3 which comfirms the information you have given me.I would say this site is superb and i cannot wait to be in a position to help someone with a situation i have knowledge about,thanks a lot again

I think that because of the wording of para 6B which I quote above, I think that ... based upon what you have posted .... Q3.6 on the form SET(M) can be answered "No"!

That is, in your particular circumstances, Tax Credits are not Public Funds.

Hello,i would like to express my appreciation again for your advice,i was really down because i thought i had messed it up big time.
I am calling the HO tommorrow to book my date for the ILR and i would keep you posted and would be an active member of this site.THANK YOU VERY MUCH