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Subject to Immigration Control

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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lynxukauq
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Posts: 344
Joined: Sat May 14, 2011 8:57 am

Subject to Immigration Control

Post by lynxukauq » Tue Dec 17, 2013 11:55 pm

Hi

Can someone please confirm that, is a person on spouse visa who has no recourse to public fund considered as subject to immigration control?

Kind regards

Ayyubi72
- thin ice -
Posts: 1197
Joined: Thu May 16, 2013 2:47 pm

Post by Ayyubi72 » Wed Dec 18, 2013 12:16 am

I think your query is in relation to WTC or CTC.

When a couple is claiming, and if one person is free from immigration control, then for the purpose of WTC or CTC etc, both partners are regarded as free from immigration control. So, both can tick on Free From Immigration Control.

In other words, if the question is Are you subject to immigration control?, you can say No.

lynxukauq
Member of Standing
Posts: 344
Joined: Sat May 14, 2011 8:57 am

Post by lynxukauq » Wed Dec 18, 2013 12:27 am

Thanks for the clarification.

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Post by Amber » Wed Dec 18, 2013 5:52 am

A person who is on spouse leave is subject to immigration control and should tick that they are on any application they make, until such times as they're granted ILR. Doing so will not jeopardise a tax credits application if their partner is British or settled.
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