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SETTLEMENT VISA... BENEFITS... CONFUSED... HELP!!!!!

Questions and discussions about claiming benefits while living and working in the UK

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moo2010
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Location: Uk

SETTLEMENT VISA... BENEFITS... CONFUSED... HELP!!!!!

Post by moo2010 » Sat Nov 20, 2010 1:54 am

I need some help regarding a Uk spouse/ settlement visa application PART 7.....

to cut the long story short im a british citizen ... im married 4 years to a non EU person (filipino) .. we have a daughter together born in Phils but reg as a british citizen..

I have travelled to the phils back and forth and also rented a place out there and lived .. I now live in the Uk at my sisters place she owns her own house and i live there

then I brought my wife over for a UK vist for 6mths were we stayed at my sisters address with my daughter ... and now my wife she just returned back to the Phils.. and took our daughter back to phils also for a short vist to see her grand parnets etc over there..

were in the middle of filling out forms for spouse /settlement visa to bring my wife to uk to live with me.. and at same time bring my daughter bk to Uk also (she doesnt need a visa reg british citizen)..

My question is PART 7 of form were it ask me about recourse to public funds? (ive read the topic on benefits but still confused .)


i am in full time employment ,, and receive child benefit for my daugther in my name only..and also tax credits and child tax credits are only in my name too as my wife is not in the Uk so i couldnt input her details....

Am i right in saying that these are public funds?? do i need to say yes on form?? and will these affect my wifes visa application??

do i need to cancel these??

need to know asap as she has appointment next week to submit docs. and dont want to waste 750 pounds for a reject letter to tell me she is refused as we would be both gutted..

any one help on these matters will be a god send... as im so confused can some one clearly tell me were we stand? thanks in advance

P.s ive posted this in famly section also as was unsure were to post.. any one who can help please reply thanks..

John
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Post by John » Sat Nov 20, 2010 7:39 am

...... and took our daughter back to phils also for a short vist to see her grand parnets etc over there..
Before replying in greater detail, please clarify how long your child is going to be outside the UK visiting her grandparents? How many weeks? Months?
John

moo2010
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Posts: 5
Joined: Sat Nov 20, 2010 1:01 am
Location: Uk

Post by moo2010 » Sat Nov 20, 2010 10:47 am

Hi John,

Thank you for your reply, Id like to say first of all what a wonderful site this is ,, alot of good information here and its still good to see that people are still wanting to help each other..

Well my wife and daugther went back the phils not so long ago... im unsure how long my daugther and wife will be away for,, (basically waiting on visa).

Then they will return back to Uk to live perm...fingers crossed....

Why do i need to cancel CHB , Tax Credits, Child Tax i meationed earlier??

we really need to know we were stand as my wife has appointment next week to apply for spouse visa/ settlement... and dont want to be refused.

Do i need to tick yes on the form on Part 7 saying i am claiming public funds?



any help would be so greatful...

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Nov 20, 2010 11:28 am

Do you think that the child might be outside the UK for more than 8 weeks? The reason I ask is to do with these HMRC webpages to do with ..... Child Benefit .... Tax Credits. I suggest you have a read of those webpages and form your own conclusion as to when you might need to contact them.

I am concerned that you claimed the Tax Credits in your sole name, when your wife was living with you. In respect of a couple living together the Tax Credits claim must always be made in joint names. But as she was presumably not working, and has now left the UK, let's not dwell on that .... but when she arrives back in the UK it is essential that the Tax Credits office be informed of that fact.

Do you know how long spouse visa applications are taking in your wife's country at the moment?
John

moo2010
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Posts: 5
Joined: Sat Nov 20, 2010 1:01 am
Location: Uk

Post by moo2010 » Sat Nov 20, 2010 12:34 pm

Thanks for your response,,

I know i was entitled to child beneift.. but didnt know i was entilted to c tax credits for a long time,,,only recently i was informed to apply for them so My tax credits etc were put in my name only as my wife wasnt here she left for phils already... i was told to apply single not as a joint application as my wife was not here in UK.. I was surpised how quick they dealt with my claim with tax credits as ive never had any dealing with hmrc before..

i looked at the child beneift link u gave and it states if the child is 52 weeks or more then u need to inform them... and tax credits 8 to 12 weeks if me or my partner go abraod... but my wife not claiming anything at all its just me..??

im really confused now John...

were do i stand with all this??

Am i cliaming public funds on visa form or not??

Do i need to contact hmrc to cancel payments ??

or what.. im really confused....

Any help would be so greatful...

moo2010
Newly Registered
Posts: 5
Joined: Sat Nov 20, 2010 1:01 am
Location: Uk

Post by moo2010 » Sat Nov 20, 2010 12:37 pm

P.s/// forgot to say John ... the applications in the Phils at the moment are taking around 7 to 14 days to process for spouse visa... but can take up to 3 mths...

hope this helps,,,

please reply asap

Many thanks

:D

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