Help- online visa public funds question!!!

I'm currently submitting my UK visa via online. It ask are you claiming public funds? My British husband who I live with claims child and working tax credits I have to be included in this as a joint claim since we live together. DO I TICK NO FOR CLAIMING PUBLIC FUNDS as receives this money or DO I TICK YES FOR CLAIMING FUNDS. I'm so confused and don't want to tick the wrong box. Many thanks in advance.

Thanks!

See also Public Funds:

Exceptions because of nationality of family members
…
Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for most tax credits purposes, neither are treated as being subject to immigration control. See related link: Child tax credit and working tax credit – exceptions, Exception 5 for further detail.

It’s a public fund that you are claiming, so tick ‘yes’?
However, you should be okay because of the exception.

Under the exceptions it states:

A person is considered not to be accessing public funds if it is their partner who receiving the funds they are entilted to.

This part is what is confusing me on whether I tick yes or no to be claiming WTC and CTC as they made us claim jointly.

Pigerham wrote: ↑

Thu Jan 31, 2019 1:38 am

they made us claim jointly.

If your husband did not claim that old type of benefit jointly, he would have been committing benefit fraud because he has a partner that he lives with.

I spoke with an immigration lawyer and they told me since he is British and receives the funds that i would click no to claiming public funds. Since he is the one who made the claim, and receives the funds. Hope this helps anyone who runs into this issue.

Pigerham wrote: ↑

Thu Jan 31, 2019 11:06 pm

I spoke with an immigration lawyer and they told me since he is British and receives the funds that i would click no to claiming public funds. Since he is the one who made the claim, and receives the funds. Hope this helps anyone who runs into this issue.

You made a joint claim, not just your husband making it, because your partner would have committed benefit fraud if he had claimed as a single parent. The quote in the post from vinny shows that you were not treated as being subject to immigration control for that benefit.

As you had a child, you could have received the second adult element of Working Tax Credit, something that you could not have if there was not a child in the household.

Child Tax Credits and Working Tax Credits ended yesterday for all new claimants. All existing claimants will move or be moved to Universal Credit. UC has different rules for claimants and both parents must work.