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Affect of Child Benefit on my ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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samrobert
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Affect of Child Benefit on my ILR

Post by samrobert » Thu Mar 28, 2013 2:52 am

Dear Friends,

I am looking for your valuable advice, suggestion and help for my ILR application which is due in next 2 months. I am the main applicant and on Work Permit from last 5 years. My wife is on dependent visa on mine. My wife has claimed child benefit mistakenly on her name which was unknowingly. We have stopped the child benefit just 2 days back. My question is what are the chances of success for the ILR for all of us in such a case and how can I make my case strong before applying for ILR. Also, in case if I apply for myself, wife and child in one go will I and my child will get the ILR not wife OR ALL three of us will not get it. Both of us are Indians and never worked outside UK in the last 5 years. Your immediate response in this regard will be highly appreciable.

Thanks,
SAM

[iD]
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Post by [iD] » Thu Mar 28, 2013 3:43 am

Have you paid back all the benefit that you claimed?
Goodluck.

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Re: Affect of Child Benefit on my ILR

Post by Amber » Thu Mar 28, 2013 3:46 am

samrobert wrote:Dear Friends,

I am looking for your valuable advice, suggestion and help for my ILR application which is due in next 2 months. I am the main applicant and on Work Permit from last 5 years. My wife is on dependent visa on mine. My wife has claimed child benefit mistakenly on her name which was unknowingly. We have stopped the child benefit just 2 days back. My question is what are the chances of success for the ILR for all of us in such a case and how can I make my case strong before applying for ILR. Also, in case if I apply for myself, wife and child in one go will I and my child will get the ILR not wife OR ALL three of us will not get it. Both of us are Indians and never worked outside UK in the last 5 years. Your immediate response in this regard will be highly appreciable.

Thanks,
SAM
You must disclose that it was claimed as failure to do so could result in refusal. Make sure you have arranged to pay it back at once. Explain the mistake and that it is being paid/has been paid back and you should be ok.

samrobert
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Re: Affect of Child Benefit on my ILR

Post by samrobert » Thu Mar 28, 2013 11:07 am

Thanks a lot for the clarification and your inputs. Can you please let me know the information you have provided is by experience means someone has done this in past and got the ILR.
As in some threads I have read you should NOT tell this that you have done something wrong in the past as your(means my)situation is that you are not currently claiming any benefits which essentially means you will mark the question for 'Public Funds' in Set(O) form as 'NO' since I have now stopped claiming child benefit.
Also, it would be great if you can let me know the process how the amount can be paid back to HMRC for this offense.

I would appreciate others please kindly respond based on your experiences and non experiences. Also, as per my clarification will the ILR refusal will be for all family members if one application is made or just for my wife.

Appreciate your time, inputs and cooperation in this regard

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Re: Affect of Child Benefit on my ILR

Post by Amber » Thu Mar 28, 2013 11:25 am

samrobert wrote:Thanks a lot for the clarification and your inputs. Can you please let me know the information you have provided is by experience means someone has done this in past and got the ILR.
As in some threads I have read you should NOT tell this that you have done something wrong in the past as your(means my)situation is that you are not currently claiming any benefits which essentially means you will mark the question for 'Public Funds' in Set(O) form as 'NO' since I have now stopped claiming child benefit.
Also, it would be great if you can let me know the process how the amount can be paid back to HMRC for this offense.

I would appreciate others please kindly respond based on your experiences and non experiences. Also, as per my clarification will the ILR refusal will be for all family members if one application is made or just for my wife.

Appreciate your time, inputs and cooperation in this regard
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

see pg 44

samrobert
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Post by samrobert » Fri Mar 29, 2013 10:09 am

Thanks for your reply, I haven't paid, I am still waiting for the HMRC case worker to give me a call and once he let me know the process I will pay ASAP. Please let me know the fastest way of paying back the claimed amount to HMRC Child benefit department. ( cheque, DD, Credit Card, Online or any other way).

Many thanks for your time...

samrobert
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Re: Affect of Child Benefit on my ILR

Post by samrobert » Fri Mar 29, 2013 10:29 am

Thanks for your reply and sharing the link it was helpful ... Will HMRC person write it was their administrative error... the reason I am asking because when we claimed child benefit we have mark 'NO' for the question 'Are you subject immigration control?' as our understanding for this immigration control was slightly different... hence now facing this problem...
One more clarification if you can provide your inputs... my wife has claimed the child benefit and I am the main applicant for ILR, does UKBA person checks during visa application the main applicant profile or both for child benefit and breach.
Many thanks for your time and cooperation in this please...

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Re: Affect of Child Benefit on my ILR

Post by Amber » Fri Mar 29, 2013 11:05 am

samrobert wrote:Thanks for your reply and sharing the link it was helpful ... Will HMRC person write it was their administrative error... the reason I am asking because when we claimed child benefit we have mark 'NO' for the question 'Are you subject immigration control?' as our understanding for this immigration control was slightly different... hence now facing this problem...
One more clarification if you can provide your inputs... my wife has claimed the child benefit and I am the main applicant for ILR, does UKBA person checks during visa application the main applicant profile or both for child benefit and breach.
Many thanks for your time and cooperation in this please...
It is not an admin error if you told them you were not subject to immigration control! Although you will tick that you are not claiming public funds on your SET application, you need to declare that you have. If you fail to do that you are failing to disclose a material fact and that could mean your ILR could be revoked in the future. As long as you are repaying or have repaid (unless the HMRC in writing states that you do not need to repay) the claimed public fund and you disclose this in your application then the caseworker ought to be lenient.

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Re: Affect of Child Benefit on my ILR

Post by Atif786 » Sat Jan 26, 2019 1:31 pm

samrobert wrote:
Fri Mar 29, 2013 10:29 am
Thanks for your reply and sharing the link it was helpful ... Will HMRC person write it was their administrative error... the reason I am asking because when we claimed child benefit we have mark 'NO' for the question 'Are you subject immigration control?' as our understanding for this immigration control was slightly different... hence now facing this problem...
One more clarification if you can provide your inputs... my wife has claimed the child benefit and I am the main applicant for ILR, does UKBA person checks during visa application the main applicant profile or both for child benefit and breach.
Many thanks for your time and cooperation in this please...
Hi Sam, Any update on your care after that plz , any conclusive outcome yet ?
Atif

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Re: Affect of Child Benefit on my ILR

Post by Casa » Sat Jan 26, 2019 2:12 pm

Atif786 wrote:
Sat Jan 26, 2019 1:31 pm
samrobert wrote:
Fri Mar 29, 2013 10:29 am
Thanks for your reply and sharing the link it was helpful ... Will HMRC person write it was their administrative error... the reason I am asking because when we claimed child benefit we have mark 'NO' for the question 'Are you subject immigration control?' as our understanding for this immigration control was slightly different... hence now facing this problem...
One more clarification if you can provide your inputs... my wife has claimed the child benefit and I am the main applicant for ILR, does UKBA person checks during visa application the main applicant profile or both for child benefit and breach.
Many thanks for your time and cooperation in this please...
Hi Sam, Any update on your care after that plz , any conclusive outcome yet ?
This thread is almost 6 years old and member samrobert hasn't visited the forum since Apr 19, 2013 :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Atif786
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Re: Affect of Child Benefit on my ILR

Post by Atif786 » Sat Jan 26, 2019 3:28 pm

Oh no, most of cases related to public funds are quite old and can’t see any post where there is any conclusive outcome.
Not familiar to this forum very much so don’t even know how to find out relevant post , would you mind tagging me to any post where I can get some help plz
Atif

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Re: Affect of Child Benefit on my ILR

Post by Casa » Sat Jan 26, 2019 4:32 pm

Atif786 wrote:
Sat Jan 26, 2019 3:28 pm
Oh no, most of cases related to public funds are quite old and can’t see any post where there is any conclusive outcome.
Not familiar to this forum very much so don’t even know how to find out relevant post , would you mind tagging me to any post where I can get some help plz
Search the forum, which is what I would have to do. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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