Benefits : affecting ILR? Read before starting new topic.

coolboyuk · Post by **coolboyuk** » Mon Mar 28, 2011 2:33 pm

Thanks John. another quick questions :

1) On the SET[m] form in the section 6 [home and finances]

one of the question is "Are you or your partner receiving
any public funds? "

and then a list of choices for 2 of us.

so, if i claim Child benefit , do we have to tick the boxes or not ?

2) I am looking at the Child Tax Credit form and it says couple must claim jointly, but if i put my wife's name , will it affect her ILR application or can I just claim on my name, which i prefer to do.

sorry to bother you and your advice is much appreciated John.

Thanks again.

coolboyuk

Post by **John** » Mon Mar 28, 2011 3:16 pm

You ask two questions. Firstly as regards the form SET(M), as regards the Public Funds question, the form is badly designed and really does not cope well with the legislation in force. The suggestion is ..... answer the Public Funds question "Yes, and then tick the relevant benefits in the sponsor's column, but do not tick them in the applicant's column.

As regards your second question, I refer you to the answer I give you earlier today. In respect of a couple living together the Tax Credits claim must be in joint names. To do otherwise would be benefit fraud.

coolboyuk · Post by **coolboyuk** » Mon Mar 28, 2011 3:56 pm

thanks John. much appreciated.

TopMan_4 · Post by **TopMan_4** » Wed Apr 06, 2011 1:12 pm

I have scoured this forum for the last few days and I cant seem to find what im looking for. I am a support worker and Im enquiring on behalf of a client of mine. He is from Rwanada and made an application for Asylum around 8 years ago. Because the case has been going so long it has been deemed a legacy case. During this time he was granted limited leave to remain and this was renewed annually. He has also been in receipt of JSA and HB for some time. As of December 2010 his JSA claim was stopped because his LLR was not renewed in the undertanding that all legacy cases will have a decision by June 2011. He has been informed that he can work but he is finding this difficult as employers prefer to see ILR and he is in serious danger of losing his accommodation without HB payments. Could I get some advice on the best course of action. Could someone also let me know if I have a good handle of the situation as I know next to nothing of immigration issues and I only have my clients version of events to go on. A huge thank you in advance. Dan

KHAN GEE · Post by **KHAN GEE** » Wed Jul 13, 2011 4:05 pm

Hi,

i think i understand the situation but for clarification need to ask?

i have got ILR. My wife is on two year spouse visa.

i am doing part time job and my wife is self employed and getting little income from online(eBay) sale.

we got twin last month. i need to apply for child tax credit and working credit.

1- I HAVE APPLIED FOR CITIZENSHIP LAST MONTH AND WAITING FOR REPLY
AND
2- Next year in June my wife will apply for her ILR.

Is this tax credit and working credit will effect her or mine applications?

Regards

adam4773 · Post by **adam4773** » Tue Oct 11, 2011 10:16 am

please can someone help me, i am going to apply for ilr for my wife who is from pakistan, i have been workig all my life till recntly became disabled, i am now in reciept of employment support alloawance and dla, whn claiming the esa and dla asked if i am married i said yes asked my wifes name i gave it, about 20 times i mentioned i do not want to claim any benefits or any extra for my wife they said they still need her ni num and name, i was not happy they wanted her details, i then told them she has no recourse to public funds again they said they cant process my application until i give her details, now when i come to applying for ilr will this affect her? or will everything be ok? we are happily living together and finances are good. all i am worried is they may say you are disabled why are you claiming esa and dla why did you give your wifes details etc pls help

austin91 · Post by **austin91** » Wed Feb 29, 2012 12:40 pm

Hi, Could someone answer me please, My wife is EEA citizen with registration certificate that she got last year. while im Non EEA National and have just applied for my EEA2 application but haven,t heard anything from HomeOffice. My wife is working at moment but will stop working as we are expecting a newborn baby and im not working. so she is planing to apply for child benefits, child Tax credit and housing benefit. but am afraid if that will course my application being refuse. please i need urgent reply. many thanks

doc44 · Post by **doc44** » Fri Mar 02, 2012 10:05 pm

John wrote:You ask two questions. Firstly as regards the form SET(M), as regards the Public Funds question, the form is badly designed and really does not cope well with the legislation in force. The suggestion is ..... answer the Public Funds question "Yes, and then tick the relevant benefits in the sponsor's column, but do not tick them in the applicant's column.

As regards your second question, I refer you to the answer I give you earlier today. In respect of a couple living together the Tax Credits claim must be in joint names. To do otherwise would be benefit fraud.

Hi John,

Need your expert advice. I applied for child benefit and child tax credit by mistake on the advice of health visitor, hmrc and few friends. Got it stopped 2 months after getting it about 9 months ago.

My wife is now using vaf10 to apply dependent visa from outside UK. There is a question 'Have you ever breached your condition of stay' I was wondering what she should tick because child benefit and tax credit both was in my name, not hers. Tax credit was joint claim but I was the main claimant. At the moment I am not getting any benefits. Need your kind advice. Thanks.

austin91 · Post by **austin91** » Fri Mar 02, 2012 10:52 pm

HI JOHON,

Could you please answer me, My wife is EEA citizen with registration certificate that she got last year. while im Non EEA National and have just applied for my EEA2 application but haven,t heard anything from HomeOffice. My wife is working at moment but will stop working as we are expecting a newborn baby and im not working. so she is planing to apply for child benefits, child Tax credit and housing benefit. but am afraid if that will course my application being refuse. please i need urgent reply. many thanks

sammybh · Post by **sammybh** » Fri Mar 23, 2012 11:04 am

Hi I've been reading the posts and it sounds like child benefits and working tax credits are not public funds and therefore won't affect the ilr application? Is that right?
I am a uk citizen but my husband is a turkish citizen here on a spouse visa until we apply for his ilr in november.
I would like to know when I apply for child benefit and working tax credits do I include my husbands income in the claim or would it be just mine?
Thanks

Robin155 · Post by **Robin155** » Wed Apr 25, 2012 10:59 am

Hello John,

Thank you very much for your time in responding to this board. The only question I have is that the most important responses to the questions were made in 2008. The Form SET (M) changed many times since then and the last time it was changed on 4 April 2012 with the new rules. Does the law towards the Working Tax Credit and Child Benefit still in place and nothing changed in your opinion, and the answers you made in 2008 still apply to these days?
I would really appreciate to your quick response.
Many Thanks

kseatonqld · Post by **kseatonqld** » Sat Jun 23, 2012 10:53 pm

Hello,

I have read all the posts here and got some positive information for my ILR, however the advice i need is no where to be found as yet.

So quick summary.

I am australian on a 2 year spouse/ settlement visa, my husband is english (married over 12 years). Due to apply for ILR in October 2012. I have always worked in the past, however, shortly after arriving in the UK, we fell pregnant with our 4th child. Needless to say, it hindered my potential in getting a job, so my husband went to work. My husband has worked for most of the 2 years we have lived in the UK and i recently returned to a full time position in the NHS.

Here is my queries.

My husband has always claimed CTC and CB - i know he's entitled and that's not issue.

BUT

For 4-5 months (not continuous -between jobs - a month here, two weeks there, i.e tsunami in Japan closed factory for month = no work for him) he had to claim JSA [at first non income based, then income based) and council tax benefit/ housing benefit.

We always told jobcentre and council that i was not allowed to recieve benefits or for my husband to get them on my behalf, but on consultation from an immigrationa lawyer, they said i have to prove i never used the beneifts he claimed to live on.

How do i prove this?

i was not working when he claimed jobseeker and housing benefit.

Any advice is very welcome.

Thanks,

Zak149 · Post by **Zak149** » Sun Jun 24, 2012 10:34 am

Here is my query
I am applying for 2 years flrm spouse/settlement visa for my mrs,
I am claiming child tax credit
My question is should I stop it or I don't have to
Can it affect her spouse visa?

If anyone can answer my query that will be great help.

kseatonqld · Post by **kseatonqld** » Sun Jun 24, 2012 11:05 am

It's been established several times in this forum (by moderators and alike) that CTC, WTC and CB WILL NOT HINDER AN ILR APPLICATION
IF
the claimant is a british citizen (it is their right to claim it).

CTC are always claimed jointly, but it only need to be proven that the spouse on visa does not use the benefits.

Zak149 · Post by **Zak149** » Sun Jun 24, 2012 11:54 am

i m not british citizen yet, i have ILR.i spoke to various solicitors,some say that it didnot affect and some say it did.

Thanks for help

Post by **John** » Sun Jun 24, 2012 12:16 pm

i spoke to various solicitors,some say that it didnot affect and some say it did.

That does not surprise me at all. If there is one area of immigration law that advisers might be weak on it is the interaction of immigration law and benefit law.

As regards :-

It's been established several times in this forum (by moderators and alike) that CTC, WTC and CB WILL NOT HINDER AN ILR APPLICATION
IF
the claimant is a british citizen (it is their right to claim it).

-: that also applies if one spouse has ILR, and the other spouse does not (yet) have their ILR.

But we must also remember that in respect of a couple living together, a Tax Credits claim must be in joint names. For just one of a couple to submit a sole claim could amount to benefit fraud.

CTC are always claimed jointly, but it only need to be proven that the spouse on visa does not use the benefits.

They is no such requirement to prove that. In respect of Tax Credits para 6B of the Immigration Rules is in play, and that contains no such requirement.

kseatonqld · Post by **kseatonqld** » Sun Jun 24, 2012 12:24 pm

it may be the case that immigration rules do not require proof that the benefits were not used by the spouse on visa, however i have been informed by both the home office and several lawyers that it would bode well to show that you / your partner doesn't support you with the use of benefits.
it was suggested that if one partner works, the spouse on visa can claim they used the wages as their income and their UK/ ILR partner used the benefits as income.
Hope that makes sense.

If anyone could advise me on my earlier post regarding the proof of NOT using benefits - that would be bonza (couldn't help putting in the aussie slang).

Post by **John** » Sun Jun 24, 2012 12:55 pm

As regards Tax Credits, and indeed Child Benefit, you are in danger of inventing a requirement does does not exist.

kseatonqld · Post by **kseatonqld** » Sun Jun 24, 2012 4:19 pm

John wrote:As regards Tax Credits, and indeed Child Benefit, you are in danger of inventing a requirement does does not exist.

I did not mean/ say it is a legal reqauirment. I only mentioned the above as immigration lawyers who cost a small fortune have recommended it to me.

As this forum is meant to provide everyone with responses from a varied field of experiences (i.e not just moderators - but also people who share their personal experiences in an attempt to help others) i thought i would share what i have been told, it may be no use to anyone, but then if for a little extra paperwork/ effort it helps get someone their ILR wihtout the hassel of legal appeals i think it it was worth saying it. I never meant to mislead or 'invent' a rule.

wqzh · Post by **wqzh** » Sun Jun 24, 2012 5:08 pm

kseatonqld wrote:It's been established several times in this forum (by moderators and alike) that CTC, WTC and CB WILL NOT HINDER AN ILR APPLICATION
IF
the claimant is a british citizen (it is their right to claim it).

CTC are always claimed jointly, but it only need to be proven that the spouse on visa does not use the benefits.

By common sense, if a couple living together, how can anybody provide evidence one of the couple had touched this money or had not? If this rule had ever in play, I think it would be very ridiculous.

Post by **John** » Sun Jun 24, 2012 7:28 pm

I only mentioned the above as immigration lawyers who cost a small fortune have recommended it to me.

It seems a shame that such a highly paid person does not seem to appreciate the difference between those benefits potentially covered by para 6A of the Immigration Rules, and those potentially covered by para 6B of the Immigration Rules.

These are rather technical matters, but what you post further convinces me that many immigration advisers are insufficiently trained in these particular technical matters.

Siren · Post by **Siren** » Mon Jul 09, 2012 3:05 pm

Hi John,

I am in dispute with my local council over your answer to the following question posted earlier in this thread:

I am in similar case like you,i got help from john,was very helpfull,now i am filling the housing benefit form,can i put my wife name too or i just apply as single,wouldnt be any trouble to do so,the fact that i hv partner living with me??

John
Moderator

Joined: 10 Nov 2004
Posts: 11736
Location: Birmingham, England
Posted: Thu May 07, 2009 6:35 am Post subject:
Two points .... only you are the applicant for the HB ... but the fact that your spouse is living there with you needs to be reported, as does details of their income.

My council are insisting according to their internal guidelines (for spouses on no recourse to public funds spouse visa) that I (the UK national) am required to submit my housing benefit claim with both our names (my wife and I) and details included on the form. As a married couple this would result in an increase in HB and as I understand it break the no recourse to public funds rule.

I dont know how to implement your guidance on the HB form.. If you have a partner then they need to go on the partner side of the form and then that will result in an increase in HB payments. How can I be the only applicant while still include her as my partner in the application as you have advised above?

Many thanks..

Simon

Post by **John** » Mon Jul 09, 2012 3:39 pm

Simon, have you spoken to a Councillor of the Ward in which you live? If not I think that should be your next step.

In many places the Councillors hold a surgery, and if your Councillors do that I suggest you attend such a surgery soon.

Siren · Post by **Siren** » Mon Jul 09, 2012 5:07 pm

Hi John,

Thank you for your prompt reply...I have just spoken to my local councillor and am composing an email now to him outlining the details of the case.

I will post it here when complete together with any follow up of note.

Many thanks again,

Simon

Siren · Post by **Siren** » Mon Jul 09, 2012 5:50 pm

Hi again John,

Just to be clear - the accepted way here is to claim HB and CTB as a single applicant and not complete the partner side of the forms.

And then at the end of the forms, where it asks for additional information enter my spouses NI number etc and any earnings?

What then about single persons discount for the Council Tax? I suppose I would not then qualify for this.

Thank you

Simon

Immigrationboards.com: Immigration, work visa and work permit discussion board

Benefits : affecting ILR? Read before starting new topic.

Receiving JSA while waiting for ILR decision...

help ilr

will my wife receiving Benefits affect my EEa2 application

Benefit and EEA2 application

Child benefits and working tax credits

The Form SET (M) changed many times

ILR due soon, husband claimed at various stages.

Re: Applying for spouse visa(settlement)

ctc will not affect ILR if UK citizen is in receipt.

Re: ctc will not affect ILR if UK citizen is in receipt.

true

Re: ctc will not affect ILR if UK citizen is in receipt.