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Child Benefit claims in Past and Applying for 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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Atif786
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Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Fri Jan 25, 2019 1:01 am

Hi Macnath, Zimba and all the respected Gurus and Moderators, i am in a very sticky wicked situation as i am planning to apply for ILR ( Long term residence ) in april 1st week but my past seems to be haunting me now.
i would like to give a little brief on my immigration history,
Entry clearance to the UK May 2009
PSW Granted Jan 2011 to Jan 2011.
My son was born on the 8/03/2012 ( while i was on PSW) and we were given a child benefit form by a midwife asking us to fill it in and send to HMRC as it's compulsory to do that.
I remember that i filled in the form and ticked the option that i come under immigration control and posted the application form along with the copies of our passports , and i was not expecting any child benefit as i knew that we come under immigration control but we were told by someone that it's up to HMRC's discretion to grant CB or not, in July 2012 i have received CB funds in Bank account backdated to March 2012, and i called HMRC couple of times stating that we are not eligible for CB but they kept making payments until December, they only stopped them payment on my written request posted to HMRC explaining them the situation and that i wanted to pay the money back, so someone from HMRC Rang us to set up a direct debit to repay the CB funds in installments for £35 per month and the repayment process started .

Now the twist in the tail is that i applied for my Tier 1 Entrepreneur initial visa in Jan 2013 and declared in the application form that i am not receiving any public funds as the question was frame in such a way " are you receiving any public fund " which i was not at the time of application as it was stopped in december , and they granted me the Tier 1 Ent in April 2014.

I have repeated the same thing at the time of my extension Tier 1 Ent Extension in March 2017 and i was grated visa in Oct 2017 without any problem whatsoever by the grace of God and by the help of the moderator of this group .
i would have disclosed the CB information on the form on both the occasions had they asked the specific question if i have ever received any public funds and there wasn't any other option or column to disclose that information ( like they have specific questions in criminal and conviction section )

now yesterday when i was gong through immigration policy guidance i came across this Modernised Guidance for case workers on public funds and action to be taken (published Jan 2019 )

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

it raises serious concerns for Applicant were in the receipts of public funds when they were not entitled to , with some exceptions and it also states that not to refuse an application on no recourse to public funds basis if it's an administrative error but the next para bothers me the most which is as follows and i am quoting "

"Have they breached the conditions of their current leave?
A person who applies for leave will have conditions attached to their current leave that
states they cannot access public funds. You must check what is written on their:
• Biometric residence permit
• entry clearance certificate
• visa
• other immigration document
Related links

Action to take when an applicant has received public funds
Links to staff intranet
removed
Page 49 of 62 Guidance – Public funds – v14.0 Published for Home Office staff on: 07 January 2019
You must consider refusing the application under paragraph 322(3) of the Immigration Rules
if they have claimed public funds but their conditions of leave state they cannot access
them. This is because they have breached the conditions of their stay. For more information,
see related link: General grounds for refusal.
If you find out an applicant has received public funds but you have confirmation this is the
result of an administrative error, or because an exception applies, you must not refuse the
application on the grounds the applicant has no recourse to public funds. If the applicant
was clearly not at fault and they received public funds in good faith, the benefit paying
department may seek repayment.

Have they declared they are in receipt of public funds on the application form?
All application forms include a section that asks the applicant to declare whether they have
received public funds.
If an applicant has received public funds that have a negative impact on their application, but
not declared this on their form, you must refuse the application under paragraph 322(1A) of
the Immigration Rules. This is because they have not declared a material fact when making
their application. For more information, see related link: General grounds for refusal. If a
person has not declared they have received public funds but they can claim these because
of an exception you must not refuse under paragraph 322(1A).


Was the Public Fund awarded as the result of an administrative error?
Where the applicant provides confirmation from the awarding body that the public fund was
awarded following an administrative error, you must disregard it and not refuse the
application on this basis. You must still consider whether the applicant is able to meet any
maintenance and accommodation requirements as indicated above."

i have spoken to the hMrc yesterday and they have confirmed the record of my CB claim on their file and i asked them to send me a letter stating that it's was an administrative error and the repayment was done , i was told that the back office team will check the original CB form and will send me a letter accordingly .
i hope and wish they send me a required letter as i was the one who asked them stop the payment and i come under immigration control .

my question is if in the ILR form if the questions remains the same " are you receiving any public funds ?
so my answer should be now ( is that correct )?
secondly can i explain in covering letter about this CB claim back in 2012 and repayment was done with a letter from HMRC that it was an administrative error ( i hope they issue this letter to me) so i am 100% sure UKVI can't refuse my application on the basis of section 322 (7A) as it's clearly in modernised guidance not to refuse , but can they refuse on the basis of Para 322 ( 7B) for not disclosing the material facts on the previous 2 applications ?
or shall i not disclose anything about my Child benefit as in ILR application as well because it's only asking if i am receiving Public funds or not ?
what are the possibilities and probabilities guys please help me out as i am very stressed.
sorry for the long post but i am sure many people are on the same boat and your suggestions will be highly appreciated.
awaiting reply.
Thanks
Atif

Atif786
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Posts: 268
Joined: Thu Aug 15, 2013 2:48 pm
Location: United Kingdom
Contact:

Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Fri Jan 25, 2019 12:49 pm

Hi Guys can anyone help me with this plz
Atif

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aman90
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Re: Child Benefit claims in Past and Applying for ILR

Post by aman90 » Fri Jan 25, 2019 1:33 pm

Atif786 wrote:
Fri Jan 25, 2019 1:01 am
Hi Macnath, Zimba and all the respected Gurus and Moderators, i am in a very sticky wicked situation as i am planning to apply for ILR ( Long term residence ) in april 1st week but my past seems to be haunting me now.
i would like to give a little brief on my immigration history,
Entry clearance to the UK May 2009
PSW Granted Jan 2011 to Jan 2011.
My son was born on the 8/03/2012 ( while i was on PSW) and we were given a child benefit form by a midwife asking us to fill it in and send to HMRC as it's compulsory to do that.
I remember that i filled in the form and ticked the option that i come under immigration control and posted the application form along with the copies of our passports , and i was not expecting any child benefit as i knew that we come under immigration control but we were told by someone that it's up to HMRC's discretion to grant CB or not, in July 2012 i have received CB funds in Bank account backdated to March 2012, and i called HMRC couple of times stating that we are not eligible for CB but they kept making payments until December, they only stopped them payment on my written request posted to HMRC explaining them the situation and that i wanted to pay the money back, so someone from HMRC Rang us to set up a direct debit to repay the CB funds in installments for £35 per month and the repayment process started .

Now the twist in the tail is that i applied for my Tier 1 Entrepreneur initial visa in Jan 2013 and declared in the application form that i am not receiving any public funds as the question was frame in such a way " are you receiving any public fund " which i was not at the time of application as it was stopped in december , and they granted me the Tier 1 Ent in April 2014.

I have repeated the same thing at the time of my extension Tier 1 Ent Extension in March 2017 and i was grated visa in Oct 2017 without any problem whatsoever by the grace of God and by the help of the moderator of this group .
i would have disclosed the CB information on the form on both the occasions had they asked the specific question if i have ever received any public funds and there wasn't any other option or column to disclose that information ( like they have specific questions in criminal and conviction section )

now yesterday when i was gong through immigration policy guidance i came across this Modernised Guidance for case workers on public funds and action to be taken (published Jan 2019 )

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

it raises serious concerns for Applicant were in the receipts of public funds when they were not entitled to , with some exceptions and it also states that not to refuse an application on no recourse to public funds basis if it's an administrative error but the next para bothers me the most which is as follows and i am quoting "

"Have they breached the conditions of their current leave?
A person who applies for leave will have conditions attached to their current leave thhat
states they cannot access public funds. You must check what is written on their:
• Biometric residence permit
• entry clearance certificate
• visa
• other immigration document
Related links

Action to take when an applicant has received public funds
Links to staff intranet
removed
Page 49 of 62 Guidance – Public funds – v14.0 Published for Home Office staff on: 07 January 2019
You must consider refusing the application under paragraph 322(3) of the Immigration Rules
if they have claimed public funds but their conditions of leave state they cannot access
them. This is because they have breached the conditions of their stay. For more information,
see related link: General grounds for refusal.
If you find out an applicant has received public funds but you have confirmation this is the
result of an administrative error, or because an exception applies, you must not refuse the
application on the grounds the applicant has no recourse to public funds. If the applicant
was clearly not at fault and they received public funds in good faith, the benefit paying
department may seek repayment.

Have they declared they are in receipt of public funds on the application form?
All application forms include a section that asks the applicant to declare whether they have
received public funds.
If an applicant has received public funds that have a negative impact on their application, but
not declared this on their form, you must refuse the application under paragraph 322(1A) of
the Immigration Rules. This is because they have not declared a material fact when making
their application. For more information, see related link: General grounds for refusal. If a
person has not declared they have received public funds but they can claim these because
of an exception you must not refuse under paragraph 322(1A).


Was the Public Fund awarded as the result of an administrative error?
Where the applicant provides confirmation from the awarding body that the public fund was
awarded following an administrative error, you must disregard it and not refuse the
application on this basis. You must still consider whether the applicant is able to meet any
maintenance and accommodation requirements as indicated above."

i have spoken to the hMrc yesterday and they have confirmed the record of my CB claim on their file and i asked them to send me a letter stating that it's was an administrative error and the repayment was done , i was told that the back office team will check the original CB form and will send me a letter accordingly .
i hope and wish they send me a required letter as i was the one who asked them stop the payment and i come under immigration control .

my question is if in the ILR form if the questions remains the same " are you receiving any public funds ?
so my answer should be now ( is that correct )?
secondly can i explain in covering letter about this CB claim back in 2012 and repayment was done with a letter from HMRC that it was an administrative error ( i hope they issue this letter to me) so i am 100% sure UKVI can't refuse my application on the basis of section 322 (7A) as it's clearly in modernised guidance not to refuse , but can they refuse on the basis of Para 322 ( 7B) for not disclosing the material facts on the previous 2 applications ?
or shall i not disclose anything about my Child benefit as in ILR application as well because it's only asking if i am receiving Public funds or not ?
what are the possibilities and probabilities guys please help me out as i am very stressed.
sorry for the long post but i am sure many people are on the same boat and your suggestions will be highly appreciated.
awaiting reply.
Thanks
Was the question:
Have you ever received public funds?
Or
Are you receiving public funds?

You werent receiving any public funds at the time of the application. You did in fact pay it back.
Instead of paying it back lumpsump you paid it back in instalments. Did you use the money for your living expenses?

Atif786
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Posts: 268
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Location: United Kingdom
Contact:

Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Fri Jan 25, 2019 1:45 pm

Thanks for your reply, the question is
Are you receiving any public funds ?
And the choice was yes or no.

I was not relying on those funds as I was on PsW with my LTD company and in jan 2013 I applied for
Tier 1 Ent with my own 50k investment .
Atif

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aman90
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Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Child Benefit claims in Past and Applying for ILR

Post by aman90 » Fri Jan 25, 2019 2:58 pm

Atif786 wrote:
Fri Jan 25, 2019 1:45 pm
Thanks for your reply, the question is
Are you receiving any public funds ?
And the choice was yes or no.

I was not relying on those funds as I was on PsW with my LTD company and in jan 2013 I applied for
Tier 1 Ent with my own 50k investment .
So then you answered correctly.
You returned the payment.It was an administrative error. You didn’t show those funds towards the maintenance requirement at the time or towards the cost of the ext application.
I don’t believe you should bring attention to it.

Atif786
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Posts: 268
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Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Fri Jan 25, 2019 3:54 pm

Thanks for your feedback mate , I was of the same opinion until i read the modernised guidance to the case worker , the link is posted in the original post and they have used the term over and over again “ had the applicant received public funds “
And other stuff about admin error and not disclosing the material fact , but in the application form they are asking only about current Public fund however I’m the guidance to the case worker they are using the term has applicant received public funds so obvisiouly case worker will go by that.
That’s the only concern I have , if I don’t disclose and they find out on their checks that CB was received by applicant even though it was admin wrroe but applicant failed to disclose material fact and they are asked to refuse application on that basis , can you please go though the guidance and advice me accordingly especially page number 49.
Thanks for your cooperation
Atif

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katanayi
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Re: Child Benefit claims in Past and Applying for ILR

Post by katanayi » Fri Jan 25, 2019 4:21 pm

I think your missing whole point, your main condition of visa is not using recourse or public funds. it applies past or present.

I feel you better declare and attach letter from HMRC. Be safe

I remember, couple of threads on this subject please search on forum.

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michali
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Re: Child Benefit claims in Past and Applying for ILR

Post by michali » Fri Jan 25, 2019 6:37 pm

katanayi wrote:
Fri Jan 25, 2019 4:21 pm
I think your missing whole point, your main condition of visa is not using recourse or public funds. it applies past or present.

I feel you better declare and attach letter from HMRC. Be safe

I remember, couple of threads on this subject please search on forum.
I tend to agree with this. It is better to be totally honest about the past CB and, as you say you will do, explain it was an administrative error and that you have repaid the funds. It would have been better had you disclosed this in your previous applications but, as you say the question is 'are you receiving public funds' so you rightly answered 'no' but you should have explained your initial erroneous claim. If you can get a letter from HMRC, that would be helpful.

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aman90
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Re: Child Benefit claims in Past and Applying for ILR

Post by aman90 » Fri Jan 25, 2019 7:11 pm

Difference is.. you never used those funds in ur daily life... the payment was returned.
If you had received those funds even due to administrative error and hadnt returned it.. I’d be worried.
I understand ur predicament! You have a paper trail and can very well prove that you were correct in saying no to the question.
Yes probably best to do more research on the forum for similar posts..
Hope it works out for you!

Atif786
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Location: United Kingdom
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Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Fri Jan 25, 2019 8:11 pm

Thanks guys for your advise and suggestions , o could only find one case on this forum from 2011 where an applicant was refused a visa because she was claiming child be if it and she ticked the box for child benifit and child tax credit in the application form , so she stopped the benefit after the refusal but Hmrc refused to take the money back , she reapplied for her extension and this time she chose option no to public funds and declared in covering letter that she has stopped the CB payments from HMRC and ready to pay them back and she was granted the visa , so it’s really confusing how they look at this disclosure of CB from me , I am sure they can’t refuse my application on the basis Of no recourse to public funds breach if I get the admin error letter from HMRC but I am worried they might refuse it on the basis Of not disclosing the material facts in the previous applications ( immigration rule para 322(7B) deception .
Really confused , just waiting for those letters from HMrC and I have applied for Sar as well on CB so that I can get the original CB application form.

The whole point of argument is nowhere in the previous application forms they have asked about any public funds have been claimed , it’s just current status if we going by the wording of their question in application form
“ are you claiming any public funds “
And if so checked with HMRc then they should have refused my previous 2 applications but I hope they only look at the current status , even when I called HmRC to check my status and I was told that there are no benifits under your name but when I asked them to go back to 2012 for that they needed my Son’s details and previous address after which they were able to track the benifit claimed under my NI .
Atif

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michali
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Re: Child Benefit claims in Past and Applying for ILR

Post by michali » Fri Jan 25, 2019 9:18 pm

That probably explains why you were granted the last two visas....because when the HO checked with HMRC re benefits, there were no current ones listed and they didn’t go back in time to see if you had ever received CB. The chances are that it would be the same for ILR but, seeing as we do not know how thorough they are, there is no way of knowing. I doubt you will have any problem as it was an admin error and you returned the money but there is just the question of whether you should disclose or not. I guess it is a decision only you can make.

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Re: Child Benefit claims in Past and Applying for ILR

Post by katanayi » Fri Jan 25, 2019 9:24 pm

My understanding is that entire visa duration one cannot claim public fund which is the breach of immigration condition. It is very clear on BRP/stamp. I do not think we could claim, then stop and then apply for a visa saying currently not claiming.

As other person said, better to be honest than regret. You are in a good position as you paid back. Try to get a letter from HMRC and add your covering letter. However, only you could take the decision.

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Re: Child Benefit claims in Past and Applying for ILR

Post by katanayi » Fri Jan 25, 2019 9:37 pm

Check this thread specially last two posts

Child Benefit

Atif786
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Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Fri Jan 25, 2019 10:50 pm

Thanks you very much everyone , let’s wait for the requested documents from HMRC and will update you guys on it .
Atif

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Re: Child Benefit claims in Past and Applying for ILR

Post by eoo10 » Tue Jan 29, 2019 10:34 am

Atif786 wrote:
Fri Jan 25, 2019 1:01 am
Hi Macnath, Zimba and all the respected Gurus and Moderators, i am in a very sticky wicked situation as i am planning to apply for ILR ( Long term residence ) in april 1st week but my past seems to be haunting me now.
i would like to give a little brief on my immigration history,
Entry clearance to the UK May 2009
PSW Granted Jan 2011 to Jan 2011.
My son was born on the 8/03/2012 ( while i was on PSW) and we were given a child benefit form by a midwife asking us to fill it in and send to HMRC as it's compulsory to do that.
I remember that i filled in the form and ticked the option that i come under immigration control and posted the application form along with the copies of our passports , and i was not expecting any child benefit as i knew that we come under immigration control but we were told by someone that it's up to HMRC's discretion to grant CB or not, in July 2012 i have received CB funds in Bank account backdated to March 2012, and i called HMRC couple of times stating that we are not eligible for CB but they kept making payments until December, they only stopped them payment on my written request posted to HMRC explaining them the situation and that i wanted to pay the money back, so someone from HMRC Rang us to set up a direct debit to repay the CB funds in installments for £35 per month and the repayment process started .

Now the twist in the tail is that i applied for my Tier 1 Entrepreneur initial visa in Jan 2013 and declared in the application form that i am not receiving any public funds as the question was frame in such a way " are you receiving any public fund " which i was not at the time of application as it was stopped in december , and they granted me the Tier 1 Ent in April 2014.

I have repeated the same thing at the time of my extension Tier 1 Ent Extension in March 2017 and i was grated visa in Oct 2017 without any problem whatsoever by the grace of God and by the help of the moderator of this group .
i would have disclosed the CB information on the form on both the occasions had they asked the specific question if i have ever received any public funds and there wasn't any other option or column to disclose that information ( like they have specific questions in criminal and conviction section )

now yesterday when i was gong through immigration policy guidance i came across this Modernised Guidance for case workers on public funds and action to be taken (published Jan 2019 )

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

it raises serious concerns for Applicant were in the receipts of public funds when they were not entitled to , with some exceptions and it also states that not to refuse an application on no recourse to public funds basis if it's an administrative error but the next para bothers me the most which is as follows and i am quoting "

"Have they breached the conditions of their current leave?
A person who applies for leave will have conditions attached to their current leave that
states they cannot access public funds. You must check what is written on their:
• Biometric residence permit
• entry clearance certificate
• visa
• other immigration document
Related links

Action to take when an applicant has received public funds
Links to staff intranet
removed
Page 49 of 62 Guidance – Public funds – v14.0 Published for Home Office staff on: 07 January 2019
You must consider refusing the application under paragraph 322(3) of the Immigration Rules
if they have claimed public funds but their conditions of leave state they cannot access
them. This is because they have breached the conditions of their stay. For more information,
see related link: General grounds for refusal.
If you find out an applicant has received public funds but you have confirmation this is the
result of an administrative error, or because an exception applies, you must not refuse the
application on the grounds the applicant has no recourse to public funds. If the applicant
was clearly not at fault and they received public funds in good faith, the benefit paying
department may seek repayment.

Have they declared they are in receipt of public funds on the application form?
All application forms include a section that asks the applicant to declare whether they have
received public funds.
If an applicant has received public funds that have a negative impact on their application, but
not declared this on their form, you must refuse the application under paragraph 322(1A) of
the Immigration Rules. This is because they have not declared a material fact when making
their application. For more information, see related link: General grounds for refusal. If a
person has not declared they have received public funds but they can claim these because
of an exception you must not refuse under paragraph 322(1A).


Was the Public Fund awarded as the result of an administrative error?
Where the applicant provides confirmation from the awarding body that the public fund was
awarded following an administrative error, you must disregard it and not refuse the
application on this basis. You must still consider whether the applicant is able to meet any
maintenance and accommodation requirements as indicated above."

i have spoken to the hMrc yesterday and they have confirmed the record of my CB claim on their file and i asked them to send me a letter stating that it's was an administrative error and the repayment was done , i was told that the back office team will check the original CB form and will send me a letter accordingly .
i hope and wish they send me a required letter as i was the one who asked them stop the payment and i come under immigration control .

my question is if in the ILR form if the questions remains the same " are you receiving any public funds ?
so my answer should be now ( is that correct )?
secondly can i explain in covering letter about this CB claim back in 2012 and repayment was done with a letter from HMRC that it was an administrative error ( i hope they issue this letter to me) so i am 100% sure UKVI can't refuse my application on the basis of section 322 (7A) as it's clearly in modernised guidance not to refuse , but can they refuse on the basis of Para 322 ( 7B) for not disclosing the material facts on the previous 2 applications ?
or shall i not disclose anything about my Child benefit as in ILR application as well because it's only asking if i am receiving Public funds or not ?
what are the possibilities and probabilities guys please help me out as i am very stressed.
sorry for the long post but i am sure many people are on the same boat and your suggestions will be highly appreciated.
awaiting reply.
Thanks

Basically, with your ILR application; the answer is NO since you have resolved the repayment with HMRC. However, you MUST declare it (good character requirement) on the page that ask for any other information to support your application on Naturalisation application form (If you wish to naturalise in future)

Atif786
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Location: United Kingdom
Contact:

Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Tue Jan 29, 2019 3:30 pm

Thanks for your reply, I am planning to declare it in my ILR application as well , answer would be no to public funds but will explain previous CHild benefit errors made by HMrC and other stuff and I am sure they can’t object to my disclosure about past public funds due to admin worts but my apprehension is that they might check
My previous 2 applications in which I answered no to public funds which was correct for if we go by the question but didn’t disclose anything about HMrC paid CB for 8-9 Before I asked them to stop ,
What details fall under material facts ?
Do we need to disclose anything which is not asked in the application ?

The whole confusion was created because of the question framed in the application form.
Are you receiving any public funds ?
It’s been the same question in all the applications , so naturally my answer would be now .

Had they asked ,
Have you received any public funds ?
So I would have said yes and disclosed HMrC admin errors.
Atif

Atif786
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Posts: 268
Joined: Thu Aug 15, 2013 2:48 pm
Location: United Kingdom
Contact:

Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Wed Feb 20, 2019 6:34 pm

Hi Guys , i have an update on past Child benefit claim,
i have contacted HMRC to issue me a letter stating that child benefit was awarded in an error and dates of payments.
they sent me 4 letters so far and very conveniently avoided mentioning the Admin error acceptance in the first 3 letters, all the mentioned the payment dates and account suspension date and stated they you were awarded child benefit, it should not have been as you were under immigration control.
after many calls and requests i finally managed to speak to the actual case worker of the HMRC and i explained her the whole situation, and she was of the opinion that we can't say it's an admin error as there is no proof , i asked her to check the original CB form where i have declared that i am under immigration control by ticking the relevant box but she said that we don't have records of the form and also suggested that you don't need to worry since you have already paid all the money back to HMRC and you are not the only one in this situation and said that i am sure UKVI knows how to deal with such cases.
however i managed to convince her and she said i can't use this word admin error however i'll try to rephrase it and send me another letter .
so the latest letter states as follows
" Dear Mr *****
The first payment of Child Benefit made to you was on the 16th of July and this included back payment from the 12th March 2012.
The last payment made to was on the 24th December 2012 which is when your account was terminated.
Due to an error on our behalf we awarded child benefit in correctly to you.
you have sice paid all the money back to child benefit that you were paid .



i have applied for SAR as well for Child benefit application form and letter which i posted them in november or dec 2012 requesting them to stop child benefit as i was not entitled to it.
SAR reply through past has come through with all the transaction details of payment made by HMRC and repayment done by me to HMRC through Direct debit , however they have stated that they don't have any clerical information related to my child benefit award as they destroy all forms 13 months after account is closed or deactivated.
the First payment was made in July 2012 which included the payment from March 2012 and last payment was on the 23rd of december and on the same date my account was terminated in dec 2012.

i have just checked my bank statement and realised that they started the repayment process through direct debit in june 2013 and last payment in may 2015.

i am sure i have covered almost all the points of immigration rules which states that don't refuse visa if the benefit was awarded in an error , however the last point which says that has the applicant declared that they have received child benefit, if not then refuse the application on the basis of not disclosing to material facts .
do i have an argument to say that i did declare it by answering the question correctly as the question is
are you receiving any public fund ? NO.

is it compulsory to declare such things which are not specifically asked in the application form through covering letter , do they come under material facts ?


Material Facts


A material fact is one which is relevant to a decision to grant leave to remain. These arise when an applicant has not disclosed material facts which relate to a current (r. 322(1A)), or a previous application (r. 322(2)); or in either case to get a document from the Secretary of State to show the applicant has a right to reside in the UK (r. 322(2A)). Caseworkers are told not to refuse an application when failure to reveal information is an innocent mistake. The example provided here in the guidance is of an applicant who has applied for indefinite leave to remain as a spouse and a casework check shows that the applicant receives Child Benefit legally – under an exception to no recourse to public funds, which has not been declared on their application form on the one hand; as opposed to an applicant who had been claiming Child Benefit illegally and had failed to disclose it – when the undisclosed information would be relevant to the decision.
Atif

Atif786
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Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Wed Feb 20, 2019 8:08 pm

Just to add one more thing , there is no question about public find in current Ilr application form , how can they expect me to declare something which is not even being asked about in an application form .
The whole discussion comes down to material facts , can they refuse the visa application based on material facts eventough answering their questions correctly in application form .
Atif

Atif786
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Posts: 268
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Re: Child Benefit claims in Past and Applying for ILR

Post by Atif786 » Thu Feb 21, 2019 1:27 pm

Zumba and other gurus can you respond to my queries plz
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Angeleyes24
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Re: Child Benefit claims in Past and Applying for ILR

Post by Angeleyes24 » Sat Mar 30, 2019 7:43 pm

Hi did you get through with you ILR? Is there any update

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