Need Advice Quick! Self Employed - About to fill SET M Form

Hi,

Firstly i would like to say sorry for not saying hello properly, but iv only just stumbled onto this forum and i need advice quite quickly as im about to fill in a SET M form for my wife....

Here goes,

Im a British Citizen, Married from Abroad (Pakistan), My wife has been here in the UK for nearly two years and now im applying for here permanant stay, ILR i think you would call it...

I have a couple of queries:

I am self employed and my wife does not work as we have a 5 month old baby, We have a joint claim where we receive Working Tax Credit, along with Child Tax Credit and Child Benefit.

The WTC and CTC are being paid directly into my bank account although the child benefit is paid into my wifes account,

Me and my wife both have National Insurance Numbers.

What I want to know is, Will claiming WTC and CTC and CB have an effect on the application that i will sending for my wife...?

Also, iv only been self employed for 7 months, and my wage each month has been different - what amount should i put in section 7.4 where it says enter amount earned after deductions each month?

Finally, Section 7.6, Its says: are you are your partner receiving any public funds...? and in the list is WTC, CTC and CB - Which do i tick... me or my wife... or should i tick we both get them? (i dont understand)

And where can i find a copy of the Immigration Rules which relate to receiving public funds...

Im sorry for the long post, but im very desperate to get this sorted asap.

Any advice much appreciated,

Thanks

A look through the Claiming Benefits section of this Board will show you that the benefits you are claiming are not a problem to your wife getting her ILR.

what amount should i put in section 7.4 where it says enter amount earned after deductions each month?

That is the nature of self-employment! How much profit are you making at the moment? I would enter that amount.

Section 7.6, Its says: are you are your partner receiving any public funds...? and in the list is WTC, CTC and CB - Which do i tick... me or my wife... or should i tick we both get them? (i dont understand)

If it is any consolation, I don't understand either! This is quite complex ... quite technical. Because the detailed legislation states that the benefits are not Public Funds for your wife, I don't think you should tick anything in her column. Given you are British, and therefore totally entitled to claim benefits, there is no harm in ticking the relevant benefits in your column.

Thanks Very Much For your reply,

So even though the tax credits are a joint claim, i should only tick my box...?

also, we have a child and are receiving Child Benefit in my wifes name and her bank account, so am i right by ticking her box under the child benefit option...

Thanks

As said before, I am also confused by this. That is, I am confused by the paradox created by the way the form has been drafted, and the detailed regulations that permit your wife to claim.

The problem is that the detailed regulations state that in your wife's circumstances, the sole claim by her for Child Benefit, and the fact that she is a joint claimant for Tax Credits, are not, for her, claims for Public Funds. That is, for her (or anyone else in the same situation) I really don't think she should be ticking boxes to say she is receiving some Public Funds when, for her, they are not Public Funds.

Just read para 6B of the Immigration Rules, with my emphasis :-

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.

-: where the Child Benefit is OK because of regulations made under section 115 of the Immigration and Asylum Act 1999, and the joint Tax Credits claim is OK because of regulations made under section 42 of the Tax Credits Act 2002.

ok,

so shall i tick the WTC, CTC and Child Benefit even though the child benefit is on her name?

or shall i leave in totally blank...? im just a lottle worried about leaving it empty.

also, one of the letters i will be giving as proof of address is a child benefit letter on her name...

Cheers