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Child Benefits claimed before 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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helloiamhere999
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Child Benefits claimed before ILR

Post by helloiamhere999 » Wed Jun 28, 2017 2:36 pm

Hi There,

I have claimed child benefits (still paying into bank account )and child tax credits (for first one year and its stopped now). I know I am not eligible to claim the benefits as per the immigration rules which I accept and based on my financial situation, I have to claim at that time and now I realised and thinking of paying it back to DWP. I have another 3 years left for my ILR.

My question is : If I pay back the entire amount which I have received through benefits, will it effect my ILR after 3 years?

Will DWP accept my proposal of paying back without any impact on my current stay of Tier 2?

Any suggestions, Please guide me.


Thanks

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Zimba
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Re: Child Benefits claimed before ILR

Post by Zimba » Wed Jun 28, 2017 3:07 pm

You have breached the conditions of your stay by claiming those benefits on a Tier 2 visa. DWP is a separate department and cannot influence your visa application. It is very likely that your ILR will be refused

https://www.gov.uk/government/uploads/s ... _v13.0.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Yopcity1568
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Re: Child Benefits claimed before ILR

Post by Yopcity1568 » Thu Jun 29, 2017 8:51 pm

Hi
My friend was getting child benefit when she was on student visa. She later married a British citizen in 2010 and kept on receiving the benefit even though she was not entitled. When she applied for ILR in 2012 she got it. She did not declare it and the HO did not enquiry. You could say she was lucky!!! I would advice you not to tell HO unless your bank statements show it. Anyway, it's down to luck!! Good luck

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CR001
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Re: Child Benefits claimed before ILR

Post by CR001 » Thu Jun 29, 2017 8:56 pm

Yopcity1568 wrote:Hi
My friend was getting child benefit when she was on student visa. She later married a British citizen in 2010 and kept on receiving the benefit even though she was not entitled. When she applied for ILR in 2012 she got it. She did not declare it and the HO did not enquiry. You could say she was lucky!!! I would advice you not to tell HO unless your bank statements show it. Anyway, it's down to luck!! Good luck
Terrible advice. HO check this with the benefits offices and if not declared and you are claiming, it is a problem.
Char (CR001 not Casa)
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CR001
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Re: Child Benefits claimed before ILR

Post by CR001 » Thu Jun 29, 2017 8:56 pm

helloiamhere999 wrote:Hi There,

I have claimed child benefits (still paying into bank account )and child tax credits (for first one year and its stopped now). I know I am not eligible to claim the benefits as per the immigration rules which I accept and based on my financial situation, I have to claim at that time and now I realised and thinking of paying it back to DWP. I have another 3 years left for my ILR.

My question is : If I pay back the entire amount which I have received through benefits, will it effect my ILR after 3 years?

Will DWP accept my proposal of paying back without any impact on my current stay of Tier 2?

Any suggestions, Please guide me.


Thanks
What is your nationality??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

helloiamhere999
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Re: Child Benefits claimed before ILR

Post by helloiamhere999 » Sun Jul 02, 2017 2:18 pm

Its Indian..What if I payback all the benefits received and get a NOC letter from HMRC?

Wanderer
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Re: Child Benefits claimed before ILR

Post by Wanderer » Sun Jul 02, 2017 2:51 pm

helloiamhere999 wrote:Its Indian..What if I payback all the benefits received and get a NOC letter from HMRC?
The issue is not really the money, it's the deceit.....
An chéad stad eile Stáisiún Uí Chonghaile....

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makky86
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Re: Child Benefits claimed before ILR

Post by makky86 » Sun Jul 02, 2017 3:06 pm

helloiamhere999 wrote:Its Indian..What if I payback all the benefits received and get a NOC letter from HMRC?
It does not work like that. If you steal money you can't say oh ok I will give money back if you're caught.

You SHOULD NOT claim benefits on any work permit. Its even written on the BRP.

May be you should consult with some good reputable lawers. OR you can contact workpermit as a paid service.
II Youths a stuff neve endures II

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CR001
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Re: Child Benefits claimed before ILR

Post by CR001 » Sun Jul 02, 2017 3:29 pm

I have claimed child benefits (still paying into bank account )and child tax credits (for first one year and its stopped now). I know I am not eligible to claim the benefits as per the immigration rules which I accept and based on my financial situation, I have to claim at that time and now I realised and thinking of paying it back to DWP.
You knew what you were doing wrong and yet you still did and not only child benefit but child tax credits too and now only thinking about of paying it back. If your financial situation was so bad, one has to ask if you are or were working for a proper tier 2 general sponsor and being paid at the appropriate rate.

How many years have you been claiming benefits??

Is your spouse on a tier 2 dependent visa??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

eoo10
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Re: Child Benefits claimed before ILR

Post by eoo10 » Sun Jul 02, 2017 4:33 pm

Hi,
Please let's not be too hard on this fellow as I believe he is absolutely regretting his/her actions. Some people are been mislead by health care professionals saying that some benefit is for all. I have friend who fell victim of child benefit claim in 2009 and she declared it when she applied for her tier4 renewal a year after. She only realised that she had wrongly claimed the benefit when it was automatically stopped before her visa was granted.

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makky86
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Re: Child Benefits claimed before ILR

Post by makky86 » Sun Jul 02, 2017 5:11 pm

eoo10 wrote:Hi,
Please let's not be too hard on this fellow as I believe he is absolutely regretting his/her actions. Some people are been mislead by health care professionals saying that some benefit is for all. I have friend who fell victim of child benefit claim in 2009 and she declared it when she applied for her tier4 renewal a year after. She only realised that she had wrongly claimed the benefit when it was automatically stopped before her visa was granted.
No one is going hard on this guy. I am not immigration expert but know little about it. I just shared what I knew.

Claiming benefit is wrong and if he doesn't declare in form and during process office finds out he will be in wort situation.
II Youths a stuff neve endures II

helloiamhere999
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Re: Child Benefits claimed before ILR

Post by helloiamhere999 » Fri Aug 18, 2017 6:31 pm

Hi There,
I have applied for extension through priority postal service and I have received a letter stating that "as there are complexities in your case need some more time ". Just want to check if they are checking on my child benefits.

Do home office have direct access to check whether the child benefits has been claimed or not? I mean for the people who applied in person, do they have access to this information ?/

Please suggest in my case, what could be the delay?

thanks

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Casa
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Re: Child Benefits claimed before ILR

Post by Casa » Fri Aug 18, 2017 6:39 pm

helloiamhere999 wrote:Hi There,
I have applied for extension through priority postal service and I have received a letter stating that "as there are complexities in your case need some more time ". Just want to check if they are checking on my child benefits. Highly likely, together with your tax credits.

Do home office have direct access to check whether the child benefits has been claimed or not? I mean for the people who applied in person, do they have access to this information ?/ Yes, as the UKVI share information with other Government departments, including HMRC and DWP.

Please suggest in my case, what could be the delay? See above. :idea:

thanks
You stand to be refused under 322(4) of the Immigration Rules
(4) failure by the person concerned to maintain or accommodate himself and any dependants without recourse to public funds
;
(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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CR001
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Re: Child Benefits claimed before ILR

Post by CR001 » Fri Aug 18, 2017 7:59 pm

helloiamhere999 wrote:Hi There,
I have applied for extension through priority postal service and I have received a letter stating that "as there are complexities in your case need some more time ". Just want to check if they are checking on my child benefits.

Do home office have direct access to check whether the child benefits has been claimed or not? I mean for the people who applied in person, do they have access to this information ?/

Please suggest in my case, what could be the delay?

thanks
Did you declare and state on the form that you are claiming benefits?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

helloiamhere999
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Re: Child Benefits claimed before ILR

Post by helloiamhere999 » Fri Aug 18, 2017 8:38 pm

No..I didn't declare it

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Casa
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Re: Child Benefits claimed before ILR

Post by Casa » Fri Aug 18, 2017 8:40 pm

helloiamhere999 wrote:No..I didn't declare it
In which case, you've dug yourself into an even deeper hole. :!:
(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: Child Benefits claimed before ILR

Post by Atif786 » Sun Jan 27, 2019 3:23 am

helloiamhere999 wrote:
Fri Aug 18, 2017 8:38 pm
No..I didn't declare it
Hi, any update on your visa yet ?
Atif

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Casa
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Re: Child Benefits claimed before ILR

Post by Casa » Sun Jan 27, 2019 11:16 am

Atif786 wrote:
Sun Jan 27, 2019 3:23 am
helloiamhere999 wrote:
Fri Aug 18, 2017 8:38 pm
No..I didn't declare it
Hi, any update on your visa yet ?
This thread is almost 18 months old and helloiamhere999 hasn't visited the forum since Oct 11, 2017 :!:
(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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