Tax credits and child benefit

I am on a spouse visa with ILR married to a british citzen. I have been receiving child benefit for our little one and we are also in receipt of working tax credits? Was this wrong for us, will this effect my immigration status?
O my God, I am so worried now.
Some reassurance please

mads wrote:I am on a spouse visa with ILR married to a british citzen. I have been receiving child benefit for our little one and we are also in receipt of working tax credits? Was this wrong for us, will this effect my immigration status?
O my God, I am so worried now.
Some reassurance please :cry:

Spouse or ILR? Or do u mean FLR?

Anyway, CB is no problem but Tax Credits might be if they've increased because of you, ie ur husband claim has been increased by your presence in the household.

Neither Child Benefit nor Tax Credits are a problem.

For a start you have ILR so you are entitled to claim anything. But even when you had a time-limited visa with the "No recourse to Public Funds" restriction, it was still OK .... as long as the Child Benefit was claimed by the British Citizen spouse. Tax Credits a little more complicated, given that in respect of a couple living together it needs to be a joint claim. So at first glance the "No recourse to Public Funds" restriction appears to be a problem.

However "small print" in the Tax Credits legislation comes to your rescue. That is reg. 3(2) Tax Credits (Immigration) Regulations 2003 says that in respect of a couple one of whom is a person not subject to immigration control (say a British Citizen) and one who is subject to immigration control, then for Tax Credits purposes only they are both treated as not subject to immigration control. Hence it is totally OK for such a couple to claim Tax Credits.

Reg. 3(2) is reinforced by para 6B of the Immigration Rules.

thank you John !! Will teach me to be a little more careful in future or just until I get my naturalization next year.

regards
mads

Will teach me to be a little more careful in future .....

Well actually no. It seems like you may have been too cautious and possibly not claimed benefits that you are entitled to.

I reiterate, as you have ILR there is absolutely no problem you claiming any benefit whatsoever, assuming of course that you meet the conditions for that benefit.

In other words, you becoming Naturalised, as compared to "merely" holding ILR, gives you no greater rights to benefits.

Thank you for your solid advise. I would have thought that the office you are claiming from would check as well and see whether you qualify?

I must admit though that I did not even think whether I would qualify or not.
I just don't want too do anything too effect my naturalization application next year or affect me living here as we have put down roots here. As we know the BIA is fickle at best.

Once again Thank you John
Mads

I just don't want too do anything too effect my naturalization application next year or affect me living here as we have put down roots here. As we know the BIA is fickle at best.

As long as you personally did not claim Child Benefit before you got your ILR you will not encounter a problem. Nor any problem with a joint claim for Tax Credits being made.

None of these claims will affect any application like Naturalisation.

In a nutshell, look at your ILR visa! What conditions does it contain? None of course, and accordingly absolutely no problem in your claiming any type of Public Funds to which you are entitled. This is simply not an issue for you ... anymore.