Immigrationboards.com

Hi,

Is there a guidline available that tells what should a casework do to decide case for a person (Tier 1 G) who mistakenly claimed but paid back all child benefits. The claim duration being only 4 months?

I have seen one that says if someone claimed it then application must be refused but didn't say what to be done if everything was duly paid back!!!

Thanks.

abc111 wrote:Hi,

Is there a guidline available that tells what should a casework do to decide case for a person (Tier 1 G) who mistakenly claimed but paid back all child benefits. The claim duration being only 4 months?

I have seen one that says if someone claimed it then application must be refused but didn't say what to be done if everything was duly paid back!!!

Thanks.

"When you consider whether an applicant can have further leave, you may take into account their previous immigration history. When your checks show that an applicant has broken the conditions of their stay, you should refuse further leave to remain under paragraph 322(3).

Conditions of stay means the conditions endorsed on an applicant’s entry clearance or UK residence permit. For example:

 no recourse to public funds
 no recourse to public funds, no work or engaging in business
 no recourse to public funds, employment as a Minister of Religion, changes must be authorised by the Secretary of State
 register with the police.

When evidence shows that one or more of the above conditions has been broken, you must refuse further leave to remain under paragraph 322(3) as well as any refusal under the substantive rules."

See here at page 25.

It will be favourable that you have paid the money back and the caseworker should have discretion to allow your case. It will be worth seeking legal advice to see the potential impact as you breached your immigration restriction.

D4109125 wrote:

abc111 wrote:Hi,

Is there a guidline available that tells what should a casework do to decide case for a person (Tier 1 G) who mistakenly claimed but paid back all child benefits. The claim duration being only 4 months?

I have seen one that says if someone claimed it then application must be refused but didn't say what to be done if everything was duly paid back!!!

Thanks.

"When you consider whether an applicant can have further leave, you may take into account their previous immigration history. When your checks show that an applicant has broken the conditions of their stay, you should refuse further leave to remain under paragraph 322(3).

Conditions of stay means the conditions endorsed on an applicant’s entry clearance or UK residence permit. For example:

 no recourse to public funds
 no recourse to public funds, no work or engaging in business
 no recourse to public funds, employment as a Minister of Religion, changes must be authorised by the Secretary of State
 register with the police.

When evidence shows that one or more of the above conditions has been broken, you must refuse further leave to remain under paragraph 322(3) as well as any refusal under the substantive rules."

See here at page 25.

It will be favourable that you have paid the money back and the caseworker should have discretion to allow your case. It will be worth seeking legal advice to see the potential impact as you breached your immigration restriction.

Damn that hurts. I have seen posts with people in similar situations where they paid the money and received ILR!! Thanks.

abc111 wrote:

D4109125 wrote:

abc111 wrote:Hi,

Is there a guidline available that tells what should a casework do to decide case for a person (Tier 1 G) who mistakenly claimed but paid back all child benefits. The claim duration being only 4 months?

I have seen one that says if someone claimed it then application must be refused but didn't say what to be done if everything was duly paid back!!!

Thanks.

"When you consider whether an applicant can have further leave, you may take into account their previous immigration history. When your checks show that an applicant has broken the conditions of their stay, you should refuse further leave to remain under paragraph 322(3).

Conditions of stay means the conditions endorsed on an applicant’s entry clearance or UK residence permit. For example:

 no recourse to public funds
 no recourse to public funds, no work or engaging in business
 no recourse to public funds, employment as a Minister of Religion, changes must be authorised by the Secretary of State
 register with the police.

When evidence shows that one or more of the above conditions has been broken, you must refuse further leave to remain under paragraph 322(3) as well as any refusal under the substantive rules."

See here at page 25.

It will be favourable that you have paid the money back and the caseworker should have discretion to allow your case. It will be worth seeking legal advice to see the potential impact as you breached your immigration restriction.

Damn that hurts. I have seen posts with people in similar situations where they paid the money and received ILR!! Thanks.

Perhaps, each case will be judged on its own facts. As the claim was short and you've paid back the money you claimed, you should stand a good chance.

D4109125 wrote:

abc111 wrote:

D4109125 wrote:

abc111 wrote:Hi,

Is there a guidline available that tells what should a casework do to decide case for a person (Tier 1 G) who mistakenly claimed but paid back all child benefits. The claim duration being only 4 months?

I have seen one that says if someone claimed it then application must be refused but didn't say what to be done if everything was duly paid back!!!

Thanks.

"When you consider whether an applicant can have further leave, you may take into account their previous immigration history. When your checks show that an applicant has broken the conditions of their stay, you should refuse further leave to remain under paragraph 322(3).

Conditions of stay means the conditions endorsed on an applicant’s entry clearance or UK residence permit. For example:

 no recourse to public funds
 no recourse to public funds, no work or engaging in business
 no recourse to public funds, employment as a Minister of Religion, changes must be authorised by the Secretary of State
 register with the police.

When evidence shows that one or more of the above conditions has been broken, you must refuse further leave to remain under paragraph 322(3) as well as any refusal under the substantive rules."

See here at page 25.

It will be favourable that you have paid the money back and the caseworker should have discretion to allow your case. It will be worth seeking legal advice to see the potential impact as you breached your immigration restriction.

Damn that hurts. I have seen posts with people in similar situations where they paid the money and received ILR!! Thanks.

Perhaps, each case will be judged on its own facts. As the claim was short and you've paid back the money you claimed, you should stand a good chance.

Just coming back to this topic. I am writing my covering letter for this and just noted that when my child was born we were given the form from hospital and when we filled out we disclosed that we were under immigration control and sent copies of visa and passports with it. Now I see that an admin error rather than a fault from our side.

I have paid the money back and at this point of time I have my bank statement showing that HMRC debited the payment. I am after getting a confirmation from HMRC and will submit as part of application.

I see myself on no fault and will include this in the letter i.e. it was an admin error.

Please comment.

Thanks.