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ILR set(O) 5y route & use of public funds...

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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asifsamiarain
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ILR set(O) 5y route & use of public funds...

Post by asifsamiarain » Sat Feb 27, 2021 5:40 am

Four (main+3dependents) of us on Tier-2 visa with no-public-funds condition. But the HMRC has accidently approved/activated tax-credits service/account (which is still under investigation but the service/account has been stopped/suspended as realized voluntarily).

Now worried how will submit ILR application on/after 1/3/2021 qualifying period (while current BRP is valid until 14/11/2021), please guide (heard HO never tolerate the use of public-funds, in any condition)?

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Re: ILR set(O) 5y route & use of public funds...

Post by zimba » Sat Feb 27, 2021 8:52 pm

asifsamiarain wrote:
Sat Feb 27, 2021 5:40 am
Four (main+3dependents) of us on Tier-2 visa with no-public-funds condition. But the HMRC has accidently approved/activated tax-credits service/account (which is still under investigation but the service/account has been stopped/suspended as realized voluntarily).

Now worried how will submit ILR application on/after 1/3/2021 qualifying period (while current BRP is valid until 14/11/2021), please guide (heard HO never tolerate the use of public-funds, in any condition)?
Not all tax credits are considered public funds. What was exactly the tax credit you received/considered for?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: ILR set(O) 5y route & use of public funds...

Post by asifsamiarain » Sun Feb 28, 2021 2:37 pm

In March 2016, landed at the UK with tier-2 general visa along with my wife and one kid from Spain (as lived and worked there for nearly 6y, originally we are Pakistani nationals). In September 2016, 2nd son born at Plymouth.

Around March 2017 a bundle of tax related forms and guidance etc received at home via post (similarly as was happening in Spain as well) and with the help of HMRC representative filled and posted them back (for both myself and my wife w.r.t. "subject to immigration control" question "yes" was mentioned as per guide/representative).

About more than a year later, aound May 2018, the HMRC informed, "you will start receiving child tax credits (CTC) from 30/4/2017 which will be paid within 6/4/2018 - 5/4/2019 (£463.70)". Similarly around May 2019 another letter received where we were informed about overdues £69.87 (and so on £203.70 awarded around May 2020 again).

Until 22/2/2021 (Monday), we were not fully aware; what does actually mean by the "public-funds". As realized the CTC comes under public-funds so informed my employer plus HMRC as well (not informed the Home Office yet). Shall I inform the HO next week about the situation or wait for the HMRC's final decision?

Moreover, as four of us renewed the LE late 2019 successfully which are valid until 14/11/2021 and wrote in visa application, "we are not receiving any public-funds" so worried if to correct that mistake first and then proceed with the ILR application (or express the reality to the HO along ILR application in details as the HMRC is sorted)?

Please guide.

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Re: ILR set(O) 5y route & use of public funds...

Post by zimba » Sun Feb 28, 2021 9:38 pm

The caseworker may or may not check this with HMRC. This is at their discretion. I suggest rectifying this with HMRC to be on the safe side, which may require you to return any tax credit received in error back to them. You should be fine otherwise.
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Re: ILR set(O) 5y route & use of public funds...

Post by asifsamiarain » Mon Mar 01, 2021 5:57 am

Thanks and that's what my initial thinking too.

Now the 2nd thing is; as the error money is paid back to the HMRC but she don't accept it as an "official error" or "adminstrative error" (similarly as you have said about the HO, maybe its the caseworker's discretion at the HMRC as well, check with the HO or not) then what to do?

Moreover, in whatever way its sorted with the HMRC, another suggestion received is to apply for the ILR late (as/now from 1st March until mid-November, have 8.5 months in hands), how do you see this?

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Re: ILR set(O) 5y route & use of public funds...

Post by zimba » Mon Mar 01, 2021 12:36 pm

I do not see this to be a big deal at all. You are overthinking this. As long as this is rectified by HMRC, you should be ok. These things happen and you will not be punished for setting things straight. UKVI may not even check this to begin with :)
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Re: ILR set(O) 5y route & use of public funds...

Post by asifsamiarain » Mon Mar 01, 2021 1:13 pm

OK, thanks and much relieved to hear this.

Once it's sorted with the HMRC then in my ILR application I should say:

1) if submitted in March with the Feb employer-letter+pay-slip+bank-statement then I should say:
Do you or anyone else who is part of this application receive any public funds? YES
Child Tax Credit:
  • How much do you receive each month? £14.16
  • How much does your partner receive each month? £0.00
2) in April (or afterwards as it is settled with the HMRC):
Do you or anyone else who is part of this application receive any public funds? NO

But in both above cases, need to give a detailed explanation to the HO about all this, how and why all this happened etc. Is this right?

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Re: ILR set(O) 5y route & use of public funds...

Post by zimba » Mon Mar 01, 2021 1:49 pm

Whether to declare this or not is your choice. I suggest answering NO and writing a cover letter instead :!:
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Re: ILR set(O) 5y route & use of public funds...

Post by asifsamiarain » Mon Mar 01, 2021 1:56 pm

https://assets.publishing.service.gov.u ... 5.0ext.pdf

"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)."

Well, the above ruling/guidance remind me of my last application made in 2019 for the renewal of LE.

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Re: ILR set(O) 5y route & use of public funds...

Post by zimba » Mon Mar 01, 2021 2:31 pm

Zimba wrote:
Mon Mar 01, 2021 12:36 pm
I do not see this to be a big deal at all. You are overthinking this. As long as this is rectified by HMRC, you should be ok. These things happen and you will not be punished for setting things straight. UKVI may not even check this to begin with :)
If tax credits received in error are returned and the error is rectified by HMRC, then you did NOT claim or get any public funds :!:
How you answer the questions is now up to you as I provided enough advice to guide you through this
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: ILR set(O) 5y route & use of public funds...

Post by asifsamiarain » Mon Apr 26, 2021 11:03 pm

As the tax credit check is ongoing with respect to our case (some special HMRC team is looking into it). Once the resolution is available and the CTC is paid back, will the final HMRC notice/letter plus paid back payment receipt(s) will be enough for the Home Office or I may also need some sort of special letter (from the HMRC for the Home Office to serve)? Please guide.

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Re: ILR set(O) 5y route & use of public funds...

Post by zimba » Tue Apr 27, 2021 11:42 am

asifsamiarain wrote:
Mon Apr 26, 2021 11:03 pm
As the tax credit check is ongoing with respect to our case (some special HMRC team is looking into it). Once the resolution is available and the CTC is paid back, will the final HMRC notice/letter plus paid back payment receipt(s) will be enough for the Home Office or I may also need some sort of special letter (from the HMRC for the Home Office to serve)? Please guide.
UKVI will perform their own checks with DWP/HMRC if necessary. There is no explicit need for a letter but if you get one, add it to your documents as it will not hurt
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: ILR set(O) 5y route & use of public funds...

Post by asifsamiarain » Sun May 02, 2021 2:58 am

Please guide the best way forward to write a cover letter (or letter of explanation or letter of material facts etc). Where (or to whom) that will be directed to and how long it should be?

With this letter further HMRC-related documents/correspondence/decision etc should also be attached. Does anybody know the size limit in MB for this letter plus the attached stuff?

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Re: ILR set(O) 5y route & use of public funds...

Post by asifsamiarain » Mon Jun 07, 2021 12:58 pm

Finally, obtained the ILR successfully (for myself together with my wife and son).

1) Paid back all the HMRC overpayments.
2) ILR application submitted by clicking the option "yes received the public-funds".
3) Detailed cover letter supplied with the help of the OSIC approved agent/adviser/lawyer.

Whoever contributed/viewed this post, thank you so much for your help/support.

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