benifit claim effect my wife tier 1 ILR

[vishal123]

my wife is tier 1 dependent. she has got her ILR next year.my question is if I claim benifit
like child tax credit, child benefit will that effect my wife ILR application. My baby born in uk
in uk. Me and my baby got settled status. I went to www.gov.uk website Apply to settle in uk
it says under Eligibility for partners "not be using public funds."

When you apply for settlement, you and your partner must:
##be living together in your own accommodation
##not be using public funds

please help in regards to you and your partner "not using public funds"it mentioned your partner as well. will it effect my wife ILR under tier 1dependent rule.also in form set(o) section 5 your home and finances it says child tax credit. child tax credit is joint under both name. will this effect my wife application.

[Casa]

Your must claim Child Benefit in your name only and Child Tax Credits/Working Tax Credits in joint names.

[vishal123]

Dear casa thank you very much. but I am bit confused about child tax credit.as you mentioned it much be claimed under me and my wife name.so should I not claim it at all because it will effect my wife ilr.

[Casa]

It may seem confusing, but I can assure you that you are permitted to claim CTC in joint names, without it affecting your wife's ILR application.

[vishal123]

thank you very much casa one last question please. next year when I apply for my wife ILR she has to fill set(O) form. under section 5 -your family and finances on page number 17.subsection 5.5 Are you receiving any public funds ? yes or no. what should she tick if we claim child tax credit. also at that time do I have to show minimum income for her again. like 12 months bank statement with income. please reply.

[vishal123]

dear john I and my baby settled under tier 1 ilr ,next year when I apply for my wife ILR she has to fill set(O) form. under section 5 -your family and finances on page number 17.subsection 5.5 Are you receiving any public funds ? yes or no. what should she tick if we claim child tax credit. also at that time do I have to show minimum income for her again. like 12 months bank statement with income. please reply.

[John]

As I have said a number of times before on this board, the form is badly designed. It asks a very specific question about whether Public Funds are being claimed, and then lists a number of benefits that may or may not be within the definition. Hmmm!

Let's just recap, firstly the Introduction part of the immigration rules :-

https://www.gov.uk/guidance/immigration ... troduction

That includes para 6, a list of definitions, including the definition of Public Funds. Just reading that benefits such as Child Benefits and Tax Credits are within the definition of Public Funds.

Is that the end of the story? No! Now go to the bottom of that wepagee. After Para 6 there are paras 6A to 6C. See that both 6A and 6B use the words "not to be regarded as having (or potentially having) recourse to public funds" or "shall not be regarded as having recourse to public funds".

This is all very technical!

For example, Tax Credits! We need to delve into the Tax Credits (Immigration) Regulations 2003 :-

http://www.legislation.gov.uk/uksi/2003 ... 653_en.pdf

-: and in particular reg 3(2) which says that where one of a couple is not subject to immigration control and the other one is subject to immigration control, then the claim for Tax Credits shall be determined as if both were not subject to immigration control.

So how to complete the badly designed form? Up to you but maybe answer Q5.5 "No", but for maybe for safety use section 8B of the form, some "white space" to explain something like :-

Because of paras 6A and 6B of the Immigration Rules benefits being claimed are not within the definition of Public Funds. However I confirm that my husband is claiming Child Benefit, and we jointly claim Tax Credits.

_; or something like that.

Does that help?

I shall let others comment upon "also at that time do I have to show minimum income for her again. like 12 months bank statement with income".