WTC

[juliajules1979]

I am British and my husband is in the UK on a spouse visa. Myself and my husband (as a joint application, with myself as the main applicant) claimed working tax credits, for a year. After a year we had begun earning more than the threshold so the claim stopped. When completing the form Set M, should I tick no that we are not in reciept of public funds, but add a note that we claimed WTC previously.

Comments greatly appreciated.

[mochyn]

Just tick that you are not in receipt of public funds but there is no need to add a note

[juliajules1979]

Thanks.

I will be including letters from HMRC regarding WTC as proofs for the application. They wont look at these and think Im lying will they?

[haych10]

Hi

I hope someone can help me plzzzzzzzzzzzzzzzzzzz.

I'm a Briitsh Citizen and i work part time. I'm disabled and get Working Tax Credit. My Partner is on a spouse visa and he will be applying for ILR in 4 weeks time. he doesnt work at all.

My concern is that shall i stop the wtc as i'm worried that the Homeoffice may refuse my hubby's ILR because i'm on benefits and due to my disability (my friend told me this). My hubby's passport's stamped with no recourse to public funds. And his names on the wtc claim form as i was told that's important.

Can John shed some light on my enquiry as i'm worried. Plus i live with my parents. what docs do i need to show becausei don't pay any rent/ Bills etc... I 've collected 6 letters or me and hubby and have the other relevant docs too.

[John]

Please read the first pinned topic in this Claiming Benefits section of this board, where the matter is dealt with in detail.

[haych10]

Thanks,

Sorry about this. Just another question you know on the ILR form they ask for the applicants Birth Certificate My husbands got a birth certs and its from pakistan i can't remember if it's attested or not. Is it important to be certified..

Plus where can i get a accomodation letter produced from as i live with my parents along with my hubby. Can my parents do a brief letter outlining that me and hubby have been living with them and continue to staying at their house.

Please advise how i go about doing this letter and the contents of this letter.

[John]

Just another question you know on the ILR form they ask for the applicants Birth Certificate

Do they? Where on the form do they do that?

Plus where can i get a accomodation letter produced from as i live with my parents along with my hubby. Can my parents do a brief letter outlining that me and hubby have been living with them and continue to staying at their house.

Indeed from your parents, if they indeed own the house, and that letter should also confirm ongoing permission for you and your family to continue to live there.

[haych10]

Just another question please. which box do we tick on set m form. do I just tick my box as I receive the benefit not my husband although his names on the claim form too.


Do i need to provide the WTC form from HMRC as proof, which shows the amount of wtc due to be paid to me for the particular financial year. Plus do i need to show evidence that who's bank account is the wtc going into. I'm receving it anyway the account is in only in my name.

sorry for posting this message on the other topic.

thanks

[haych10]

Just another question you know on the ILR form they ask for the applicants Birth Certificate

Do they? Where on the form do they do that?

Sorry John i misread the form.

[John]

Just another question please. which box do we tick on set m form. do I just tick my box as I receive the benefit not my husband although his names on the claim form too.


Do i need to provide the WTC form from HMRC as proof, which shows the amount of wtc due to be paid to me for the particular financial year. Plus do i need to show evidence that who's bank account is the wtc going into. I'm receving it anyway the account is in only in my name.

Who it is paid to is irrelevant. As dealt with in the first pinned topic in this Claiming Benefits section, it is totally OK for your husband to be a joint claimant with you for Tax Credits.

[haych10]

On my working tax credit form issued by HM Revenue. It says second Adult payment does this mean that they are paying my husband as a second adult. remember i'm the only claimant not my husband.

why does it say that.

Plus Citizens advice bureu advised me to get a letter from HM Revenue to confirm that the working tax is being paid to me due to my disability not to my husband is that important.
they also told me that i need to tick the box on set m form to say that i only receive the working tax and not to tick the applicants box who is my husband. Sorry i have to repeat this i couldnt find a definate answer in the pinned topic. If i dont tick the box and i submit my bank statements which shows i receive the working tax then i could get into trouble and my husbands ILR can be refused as we were claiming working tax but failed to tick the box on the set M form.

i only work 18 hrs per week and my hubby don't work at all. Will this be fine we don't pay any rent/ bills all we pay for is our general expenses. I earn £600 per month and have savings for £17000. I also live with my parents.

[John]

remember i'm the only claimant not my husband.

Not correct. The claim is in joint names, which is exactly how it should be. Indeed if you were the sole claimant, because you are part of a couple living together, that would amount to benefit fraud.

I am not sure what you are imagining the problem to be, but the technical issues are covered in the first pinned topic in this Claiming Benefits section of this board.

[haych10]

I'm imagaining that my husbands ILR can be refused if i tick the wrong box on the set M form. I repeat again "Do i just tick the box where it says My Partner receives working tax credit (which i do) or the applicant which is my husband has to tick his box too. In other words do both of us have to tick the box. I cannot see the answer to this question in the pinned topic!!!!!!!

I'm also submitting my bank statements and they show that i am ONLY receiving the tax credits. I clearly understand that tax credit is assessed jointly and understand the whole procedure but am confused on wheteher to tick both boxes or just mine.

Can i please have a YES/NO answer on this forum i cannot see a clear answer for this question on the pinned topic forum.

[John]

Earlier in this topic I posted :-

Who it is paid to is irrelevant. As dealt with in the first pinned topic in this Claiming Benefits section, it is totally OK for your husband to be a joint claimant with you for Tax Credits.

-: but you seem to be ignoring that. That is, the situation would be exactly the same if the benefit was being paid to your husband.

The form SET(M) is badly designed and it is not clear how it should be completed, as regards Public Funds. But I would suggest doing the following. That is, Answer the Public Funds question, "Yes", and then tick the relevant benefits in the column for the British spouse, and leave them blank in the column for the non-EEA visa applicant.

[haych10]

ok thanks.

were thinking of going to the PEO to submit the ILR application. I've read on the internet that straight forward applications are processed straight away and others may take longer. When they say 'others may take longer' how long do they take do you get a reply on the same day or after a couple of days.

Which applications would be considered to take longer from your past experiences Just a rough idea.
I understand it's all down to the Home Office to make a decison.

[John]

You are right to think that only straightforward applications should be made in person at a PEO. But I would add, given the cost differential, is there any particular need for the ILR to be issued quickly? And there might well be. When my own wife needed her ILR back in 2002, we wanted to go on holiday to France that year, so applied for the ILR in person at the Solihull PEO, it was issued the same day, and in a couple of days the Schengen visa had been applied for. But those were in the "good old days" when in-person applications at a PEO cost nothing! But no appointments, and the need to get up very early to get a good place in the queue.

What I am saying is .... don't spend the extra money on an in-person application at a PEO unless you really need to do so.

If it can't be decided on the day, it could just be treated in the same way as a postal application, and thus it could easily take two to three months.

You have only posted about the benefit issue, which is fine, but readers of this board therefore cannot say whether there is any other matter that might mean that yours is not a straightforward application. Hopefully there is nothing.

[haych10]

Yes John you are right. My husband wants to fly out to pakistan ASAP that's why we thought to do it in person and to get it over and done with rather than waiting for the postal application as it can take upto 3months.
Plus we would have to visit the PEO office anyway if we do apply by post beause they will need the bio metric data (scan of the fingerprints).

Our nearest office is solihull too.

Would you consider my application to be straight forward because I'm only submitting my bank statements, letter from parents regarding accomodation, wage slips, 6 letters from my partner and me. Copies of certified deeds and other supporting documents relevant to application. I live with my parents and don't have complex paperwork to send out ie: tenancy agreements / Mortgage details etc....

[Casa]

Has your husband passed the Life in the UK test as you don't mention this in your list of documents? Unless I've missed something, ILR applications don't require fingerprints yet...this is currently for FLR(M). Someone correct me if I'm wrong.
You may find it difficult to get a PEO appointment if you are within 4 weeks of the application date. What date does the visa expire and what date did your husband first enter the UK on this visa?

[haych10]

Yeah his passed the life in the uk test ages ago. the passport was stamped 6th june 2008 so i need to apply 28 days before the expiry date i think!. need to work the date out.

but first i need to see if i can get an appointment at the PEO office. My husband entered UK 1st july 2008. But we are actually calculating the stamped date aren't we.

Thanks,

xxx

[Casa]

The earliest you can apply is 28 days before the 1st July (which was the entry date 2 years ago)...but no later than the expiry date (6th June).
The 28 days isn't taken by the stamped date but from the entry date.
So you only have a short window to apply in person. 4th - 6th June.

[haych10]

Incorrect - i was told that you calculate the 28days from the date the passport was stamped. so i assume i need to apply after 10th May 2010 in person not before the 28days which would be 4th - 6th May.

someone correct me if i'm wrong.

[haych10]

Hiya,

I need URGENT reply please. I can see theres an appointment for 20th May 2010 for me to go and submit my husbands ILR application. am i ok to book that as i cannot get one for 10th may 2010. The expiry date of the visa is 6th june 10. 28 days before this date works out as 10th may 2010.

someone please reply sometime today. before i lose out.

[haych10]

Can someone please answer my question as i need to apply in person whether the date is the correct date fro me to apply or should i work out the 28 days from the date my husband entered the uk.

PLEASE REPLY ASAP. AS I'VE BEEN WAITING FOR A RESPONSE FROM THE PAST FEW DAYS.

[Danbrix]

My husband entered UK 1st july 2008. But we are actually calculating the stamped date aren't we.

Nope

The earliest you can apply is 28 days before the 1st July (which was the entry date 2 years ago)...but no later than the expiry date.
The 28 days isn't taken by the stamped date but from the entry date.

I agree with Casa. When is the expiry date of the visa?

[haych10]

Thanks for your reply.

My husbands visa expires on the 6th june 2010. but he entered the uk on the 1st july 2008.
Ok then is it ok for me to apply on the 3rd June 2010. because i have to cancel the appointment on the 20th may 2010 which i had booked. Will that be ok. If i need to post the application can i post it on 3rd or 4th june. Please advise. Any idea if the home office is open on satuardays too.

Many thanks for replying to me otherwise my hubby's application could've been rejected if i went to the PEO office on the 20th may.