single claim for WTC and CTC

[rozroz]

Hi Guys,

I really need some advice for a friend who has found herself in some bother

My friend got married to a guy she knew back from her parent's home town in West Africa, She is a British citizen herself (Born and raised).
They met on her many visits to the country and after talking over skype and the phone for about a year, they decided to get married in West Africa. I was very weary of the whole thing as I have known many people to get stung by Africans wanting to be with people who have a red passport (not all just some).

Anyway after they got married the husband wanted to come here (my friend didn't want to live over there) so he put through his application for Spouse visa. At first they declined it due to one person at the office not doing their job correctly but it set back his arrival by about one year. Within that time although they were in contact my friend's eye started to wondering as she was lonely (no excuse i know) When he finally did arrive early last year i guess their feelings may have slightly fizzled out but they intended to make it work.

Now my friend lost her job and decided to go Uni the same year he arrived so now the support she was suppose to give was proving difficult and he was allowed to work on his visa but was finding getting work difficult. My friend then met some guy at our friend's wedding and had a one night stand while her husband was away at his sister's.

She kept this from him until she discovered that she was pregnant with the other man's child (oh the scandal). As her and her husband have not really been getting it on she knew it was the other man's child (she told the other guy and he wasn't interested throughout the pregnancy). She told her husband who was happy until she mentioned it wasn't his.

Mad as it sounds her husband vow to stick by her (I personally think because of his papers) then eventually the other guy said he wants to be there for the baby so her husband decided to leave her (but they are still married just separated)

He left her before the baby arrived and he hasn't paid one bill in her house even though he is working (on and off with agencies and his own business he is trying to set up which makes hardly any money) since last year. She applied for tax credit as she was part time work(16 hrs) as well as uni, but she applied as a single person.

As far as she is concerned her marriage is over (she is not with the other guy, he is a on and off dad) she is a single mother with a child outside of her marriage with no financial help from anyone. Her husband's letters still come to the address which he collects every now and then but they are still not 'together'. He is currently staying at a friends house.

I think he is keeping them married for the fact that by very early next year he has to put in his ILR and is stringing her along because she wants to make it work.

Here is what we need advice on:

She applied for WTC and CTC as a single person and didn't state she was separated due to the complication nature of her relationship, but as i said his letters come to her address so now the HMRC wrote to her and are asking what is her relationship to said gentleman.

As he is subject to immigration and can not apply for any benefits but she can, it isn't his child and he doesn't actually stay there or pay any bills, was she right to apply as she is single?

What does she say to the HMRC?

I really think this relationship is over and he is now using her.

What does she have to do? She is told that as long as he is married to her he has every right to stay here. They got married 2 and half years ago and as i said he came here early last year

(Sorry it's so long, Just needed to give you the full extent of this mad story)

And no the father does not help out financially either

[CR001]

It is unlikely that he will qualify for ILR 'next year' as you say. If he applied for his spouse visa after 9 July 2012, it will take him 5 years before he qualifies for ILR but even before this, he has to extend his spouse visa for another 2.5 years first and he will need all the same proof as before to qualify.

Unless you state the visa application date and visa start date, no one can answer but if he is not in a subsisting marriage, he is unlikely to qualify for an extension or ILR.

Your friend will need to be honest with HMRC, if she is separated, she needs to tell them but if her husband is using her address as his correspondence address, then she might have a problem as HMRC will assume that he is living there etc.

[rozroz]

Thanks for replying,

I may have it wrong and its the extention he's getting

She can prove that everything is paid by her and no money is received by him at all.

His visa started December 2013 and as he enter Feb 2014, i'm told it starts from when he entered not the visa date.

He has from Feb 2016 to apply but i'm sure it was for a permanent stay she said.

[CR001]

If his visa started in Dec 2013, then it is likely a visa renewal and he will need the support of your friend to qualify for the visa extension, unless his visa was issued for 27 months after he appealed the refusal. The form also asks applicants to declare benefits and HO check with HMRC.

He will need 5 years residence (2 x 2.5 year visas) from February 2014 before he qualifies for ILR. He will also likely have to pay the immigration health surcharge of £500.

If your friends does not inform HO of the change in her circumstances, there could also be a problem for her.

It really is better for people to post their own questions based on their circumstances rather than 3rd party communication.

[Casa]

Did he submit the first visa application before 9th July 2012?
There are two issues here:
1. If she tells UKVI that they are still living together in order for him to qualify for either ILR or a FLR(M) extension then she has a problem with HMRC
2. If she tells HMRC that he is not living with her and she is claiming as a single person, then UKVI will refuse his next visa application.

All Government departments share information, including HMRC and UKVI (Home Office)

Edit: Char quicker off the mark as usual

[rozroz]

Thanks guys for your reply,

I know it would be better coming from her rather then myself but i would like to help her out as she is highly stressed about this situation.

Ok he has a visa that allows you to join a partner in the uk that has settled here, which she said is two years or 30+ months
A ‘family of a settled person’ visa its called and it allows you to stay 2.5 years then you can apply to settle with no time limit (FLR(M))

[Casa]

This is where is gets tricky when the friend doesn't post for themselves as it takes much longer to clarify the situation.
If her husband was issued with a 2.5 year visa, he doesn't qualify for permanent residence (ILR) when this current term comes to an end. He would have to apply for a further 2.5 year extension - FLR(M). However, as the relationship is no longer subsisting his current visa is no longer valid and he won't qualify for an extension as a spouse of a settled person.

[CR001]

then you can apply to settle with no time limit (FLR(M))

FLR(M) is not the 'no time limit' application. FLR(M) is the 2.5 year visa extension form. For ILR or 'no time limit' it would be SET(M) in early 2019 after 5 years residence, but as things stand now, he stands virtually no chance of either application being successful.

[rozroz]

Thanks guys for all your help.

Lastly regarding HMRC if she tells them she is separated during the time she made the claim and she wants to close the single to convert to a joint as her husband is back will they both be entitled to WTC as there is a lot of conflicting information or if they don't get back is she still entitled to WTC

One says yes more then if she was single and if they combine don't earn a lot

another says no because he is subject to immigration

another says TC isn't a benefit like HB or JSA so yes

God I would like a simple straight answer lol

another say she can't get it as a britain citz and a child (even outside of marriage and also it will effect his application)


WHAT IS THE TRUTH???

[CR001]

Tax credits (child and working) MUST be claimed in joint names if the claimant is married and LIVING with the spouse. Proof of all income and identity/visa/passport will have to be submitted.

I would suggest your friend not even think about fabricating or lying about the 'living with spouse' story. It can have disastrous consequences. She needs to be completely honest to either HO or to HMRC, she cannot (or husband) have it both ways.

[Petaltop]

Thanks guys for all your help.

Lastly regarding HMRC if she tells them she is separated during the time she made the claim and she wants to close the single to convert to a joint as her husband is back will they both be entitled to WTC as there is a lot of conflicting information or if they don't get back is she still entitled to WTC

One says yes more then if she was single and if they combine don't earn a lot

another says no because he is subject to immigration

another says TC isn't a benefit like HB or JSA so yes

God I would like a simple straight answer lol

another say she can't get it as a britain citz and a child (even outside of marriage and also it will effect his application)


WHAT IS THE TRUTH???

As your friend has found out, benefit agencies data match to catch the fraudsters and they share information with UKVI.

It will be up to Tax Credits whether they believe your friend was single and it is stacked against her as his mail was still coming to her address and she was sponsoring him to the country as her spouse. Her now saying he is now living there again, [b]after[/b] HMRC have written to her about his mail coming to the house, will not help her cause of claiming she was single.

If HMRC decide she wasn't single, then they can ask her to pay back all the benefits she was claiming as a single person, add a fine to that amount and can take her to court for benefit fraud. They no longer apply the 'I would have got the same amount if I declared I was married' to lower the amount she might have to repay.

They are onto her. My advice would be to tell the truth and protect herself and if they have finished then she needs to tell UKVI that. That would also help her claim to HMRC that she really is single. Don't lie to give him a visa.