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by John
Sun Feb 14, 2016 8:08 pm
Forum: Claiming Benefits
Topic: Over payment of child benefit
Replies: 17
Views: 1174

Re: Over payment of child benefit

Maistone252, can you say what is the nationaliy of you and your spouse?

Also, prior to coming to the UK, if either of you worked in another country, not that of your nationality, please give details.
by John
Sun Feb 14, 2016 2:38 pm
Forum: Claiming Benefits
Topic: benifit claim effect my wife tier 1 ILR
Replies: 6
Views: 560

Re: benifit claim effect my wife tier 1 ILR

As I have said a number of times before on this board, the form is badly designed. It asks a very specific question about whether Public Funds are being claimed, and then lists a number of benefits that may or may not be within the definition. Hmmm! Let's just recap, firstly the Introduction part of...
by John
Sat Feb 13, 2016 9:07 am
Forum: Claiming Benefits
Topic: What Am I Entitled To?
Replies: 5
Views: 338

Re: What Am I Entitled To?

2. No, it won't affect her spouse visa if you claim in joint names
Absolutely correct, and more.

For one of a couple to claim Child Credits in their sole name could amount to benefit fraud. And that could have an impact upon a future visa application.
by John
Fri Dec 11, 2015 11:13 am
Forum: British Citizenship
Topic: Divorce affecting naturalisation application submission
Replies: 5
Views: 662

Re: Divorce affecting naturalisation application submission

You will remain married to your spouse until the Decree Absolute is issued.

The issuing of a divorce petition does not in itself change your status.
by John
Tue Dec 08, 2015 7:54 pm
Forum: Claiming Benefits
Topic: public funds When children are living abroad
Replies: 2
Views: 358

Re: public funds

Well no, see this page from the HMRC Manuals :- http://www.hmrc.gov.uk/manuals/ccmmanual/ccm18040.htm So an eight-week limit on the child being outside the UK, and your children have been outisde the UK, indeed outside the EEA, for well in excess of eight weeks. The provision is effectively used by ...
by John
Sun Jul 12, 2015 3:52 pm
Forum: US immigration
Topic: Non-VWP to VWP US visit after nationality change to UK
Replies: 23
Views: 8802

Re: Non-VWP to VWP US visit after nationality change to UK

I think it is reasonable to assume that in 9 years a lot might have changed.

That is, all posts in this topic made in 2006 should not be relied upon as helpful now.
by John
Tue Jun 23, 2015 2:38 pm
Forum: British Citizenship
Topic: Can Visit Visa Count As Residential Qualifying Period?
Replies: 34
Views: 6173

Re: Can Visit Visa Count As Residential Qualifying Period?

So just post your question in this topic.
by John
Wed Jun 17, 2015 9:34 pm
Forum: EU Settlement Scheme
Topic: Difference between ILR and PR?
Replies: 18
Views: 22603

Re: Difference between ILR and PR?

Can I apply through ILR instead of EEA route? Unfortunately, no, you are on the EEA route and need to make your application using the EEA route, so PR it is. Do appreciate that EEA documentation, such as Residence Card or PR, does not actually give you any rights. It merely confirms that you have t...
by John
Wed Apr 29, 2015 11:33 am
Forum: British Citizenship
Topic: Any naturalisation application refused ? WHY?
Replies: 58
Views: 14329

Re: Any naturalisation application refused ? WHY?

What you should do would depend upon the reason for rejection. For example there is an absolute requirement ... no UKBA discretion permitted .... for the applicant to be physically present in the UK at the start of their qualifying period. That period starts five years (less one day) before UKBA rec...
by John
Fri Apr 24, 2015 9:10 am
Forum: EU Settlement Scheme
Topic: Does having Permanent Residence gives you a settled status?
Replies: 46
Views: 3497

Re: Does having Permanent Residence gives you a settled stat

My reason for believing the latter is because I have been told several times by the customer service that my wife cannot apply for a spouse visa under UK immigration law because my PR was acquired under EU law. That is utter rubbish. How a person acquired their Settled Status is irrelevant. Clearly...
by John
Thu Apr 23, 2015 7:08 am
Forum: EU Settlement Scheme
Topic: Does having Permanent Residence gives you a settled status?
Replies: 46
Views: 3497

Re: Does having Permanent Residence gives you a settled stat

As regards your current wife you say :-
She is now living with me in the UK on a Student Visa.
What is the expiry date printed on her current visa?
by John
Fri Apr 17, 2015 6:28 pm
Forum: EU Settlement Scheme
Topic: Does having Permanent Residence gives you a settled status?
Replies: 46
Views: 3497

Re: Does having Permanent Residence gives you a settled stat

I think the answer is given by :- http://goo.gl/khFyrf You will see that is a long and quite detailed document. Go to page 33 of 45. Near the bottom of that page you will read :- Applicants may also have difficulty providing evidence to cover a continuous five-year period when they are applying for ...
by John
Mon Apr 13, 2015 3:31 pm
Forum: Claiming Benefits
Topic: NI Number child tax credit
Replies: 4
Views: 335

Re: NI Number child tax credit

You will encounter difficulties and severe delays if no NI number is quoted for her. Accordingly if she is able to get a NI number then I suggest she does that without delay. Any particular reason why she will struggle to get a NI number? Wanting to claim benefits is a good reason for getting a NI n...
by John
Sat Apr 11, 2015 7:18 am
Forum: Claiming Benefits
Topic: NI Number child tax credit
Replies: 4
Views: 335

Re: NI Number child tax credit

Any particular reason why she has not applied for a NI number? That would be the easy thing to do, see :-

https://www.gov.uk/apply-national-insurance-number

Presumably she has the right to live and work in the UK?
by John
Mon Mar 30, 2015 7:37 am
Forum: British Citizenship
Topic: Naturalisation application process
Replies: 13
Views: 3082

Re: Naturalisation application process

My boyfriend has applied for naturalisation since 9 May 2014 and he hasn't received the answer for the passport yet :( they just saying wait Now we have a baby and we want to apply for her british passport. That is a huge delay and ordinarily I would say that he should contact the MP for the area i...
by John
Fri Mar 13, 2015 9:31 pm
Forum: Claiming Benefits
Topic: public fund
Replies: 15
Views: 720

Re: public fund

John am not disputing you and that is why i told him not to worry, but is a situation have find myself once, and i was not allow to do the course because they said is public fund and since am not entitled to any benefit, then i can't do it. The regulations are complicated. Did they actually say you...
by John
Fri Mar 13, 2015 8:39 pm
Forum: Claiming Benefits
Topic: public fund
Replies: 15
Views: 720

Re: public fund

Is government funding so is public fund, some school will not allow her to do it, but i don't think home office will know expect you tell them, because the ones they will be able to trace are the public funds you provide your NI no for. No, no, no! it is absolutely wrong to think "Is government fun...
by John
Mon Mar 09, 2015 12:14 pm
Forum: Claiming Benefits
Topic: Detailed Public Funds guidance
Replies: 143
Views: 156782

Re: Detailed Public Funds guidance

Now that you have ILR you are entitled to claim any benefits that your circumstances dictate you are entitled to. As regards Housing Benefit and also Council Tax Benefit, make your wife's immigration status clear to the Council. However with children in the house her status should make no difference...
by John
Fri Mar 06, 2015 1:28 pm
Forum: Claiming Benefits
Topic: Detailed Public Funds guidance
Replies: 143
Views: 156782

Re: Detailed Public Funds guidance

As "as one parent earns more than 50K" I think it is clear that there is no entitlement to Tax Credits.

But anyone can get a good idea of possible entitlement to Tax Credits. Just use the Tax Credits Calculator :-

https://www.gov.uk/tax-credits-calculator

-: on the HMRC website.
by John
Thu Mar 05, 2015 12:22 pm
Forum: Claiming Benefits
Topic: Detailed Public Funds guidance
Replies: 143
Views: 156782

Re: Detailed Public Funds guidance

do we have to declare that she earns more than 50K and pay the tax charge ?
Yes! If you claim then it will need to be handed back in extra tax.
by John
Sun Mar 01, 2015 8:26 pm
Forum: Claiming Benefits
Topic: WTC as Single person , & saving
Replies: 2
Views: 141

Re: WTC as Single person , & saving

Savings and capital don't count for the Tax Credits benefits. It's your salary that counts. Not quite the whole story. Clearly you have to be working sufficient hours to claim Working Tax Credits. And whilst capital, in itself, is not relevant to the calculation of WTC, all of your income is being ...
by John
Sat Feb 28, 2015 11:45 am
Forum: Claiming Benefits
Topic: Can I apply for Child benefit for my two daughters?
Replies: 11
Views: 626

Re: Can I apply for Child benefit for my two daughters?

Now you have ILR, no problem you claiming any benefits that your circumstances dictate you are entitled to.

Any such claim will have no impact upon any Citizenship application.
by John
Fri Feb 13, 2015 9:31 pm
Forum: British Citizenship
Topic: British citizenship - WRS date
Replies: 9
Views: 1391

Re: British citizenship - WRS date

No, the WRS only applied to those employed, not those self-employed. So you commenced to exercise Treaty Rights as soon as you landed in the UK.
by John
Tue Feb 10, 2015 7:23 pm
Forum: EU Settlement Scheme
Topic: EEA4 & Retained Right of Residence by Extended Family Member
Replies: 7
Views: 862

Re: EEA4 & Retained Right of Residence by Extended Family Me

I think you should wait until Monday 23.03.15 before applying. Why? Because in the absence of your spouse in the UK, I cannot see how you were exercising Treaty Rights in the UK prior to 22.03.10.
by John
Fri Jan 30, 2015 2:56 pm
Forum: Immigration for family members
Topic: Getting married abroad
Replies: 6
Views: 923

Re: Getting married abroad

problem is he travels a lot because of his job and he is in Turkey now
If he is legally resident in Turkey, and not just visiting there, his visa application can be made in Turkey.
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