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Child Benefits claimed before ILR

Posted: Wed Jun 28, 2017 2:36 pm
by helloiamhere999
Hi There,

I have claimed child benefits (still paying into bank account )and child tax credits (for first one year and its stopped now). I know I am not eligible to claim the benefits as per the immigration rules which I accept and based on my financial situation, I have to claim at that time and now I realised and thinking of paying it back to DWP. I have another 3 years left for my ILR.

My question is : If I pay back the entire amount which I have received through benefits, will it effect my ILR after 3 years?

Will DWP accept my proposal of paying back without any impact on my current stay of Tier 2?

Any suggestions, Please guide me.


Thanks

Re: Child Benefits claimed before ILR

Posted: Wed Jun 28, 2017 3:07 pm
by Zimba
You have breached the conditions of your stay by claiming those benefits on a Tier 2 visa. DWP is a separate department and cannot influence your visa application. It is very likely that your ILR will be refused

https://www.gov.uk/government/uploads/s ... _v13.0.pdf

Re: Child Benefits claimed before ILR

Posted: Thu Jun 29, 2017 8:51 pm
by Yopcity1568
Hi
My friend was getting child benefit when she was on student visa. She later married a British citizen in 2010 and kept on receiving the benefit even though she was not entitled. When she applied for ILR in 2012 she got it. She did not declare it and the HO did not enquiry. You could say she was lucky!!! I would advice you not to tell HO unless your bank statements show it. Anyway, it's down to luck!! Good luck

Re: Child Benefits claimed before ILR

Posted: Thu Jun 29, 2017 8:56 pm
by CR001
Yopcity1568 wrote:Hi
My friend was getting child benefit when she was on student visa. She later married a British citizen in 2010 and kept on receiving the benefit even though she was not entitled. When she applied for ILR in 2012 she got it. She did not declare it and the HO did not enquiry. You could say she was lucky!!! I would advice you not to tell HO unless your bank statements show it. Anyway, it's down to luck!! Good luck
Terrible advice. HO check this with the benefits offices and if not declared and you are claiming, it is a problem.

Re: Child Benefits claimed before ILR

Posted: Thu Jun 29, 2017 8:56 pm
by CR001
helloiamhere999 wrote:Hi There,

I have claimed child benefits (still paying into bank account )and child tax credits (for first one year and its stopped now). I know I am not eligible to claim the benefits as per the immigration rules which I accept and based on my financial situation, I have to claim at that time and now I realised and thinking of paying it back to DWP. I have another 3 years left for my ILR.

My question is : If I pay back the entire amount which I have received through benefits, will it effect my ILR after 3 years?

Will DWP accept my proposal of paying back without any impact on my current stay of Tier 2?

Any suggestions, Please guide me.


Thanks
What is your nationality??

Re: Child Benefits claimed before ILR

Posted: Sun Jul 02, 2017 2:18 pm
by helloiamhere999
Its Indian..What if I payback all the benefits received and get a NOC letter from HMRC?

Re: Child Benefits claimed before ILR

Posted: Sun Jul 02, 2017 2:51 pm
by Wanderer
helloiamhere999 wrote:Its Indian..What if I payback all the benefits received and get a NOC letter from HMRC?
The issue is not really the money, it's the deceit.....

Re: Child Benefits claimed before ILR

Posted: Sun Jul 02, 2017 3:06 pm
by makky86
helloiamhere999 wrote:Its Indian..What if I payback all the benefits received and get a NOC letter from HMRC?
It does not work like that. If you steal money you can't say oh ok I will give money back if you're caught.

You SHOULD NOT claim benefits on any work permit. Its even written on the BRP.

May be you should consult with some good reputable lawers. OR you can contact workpermit as a paid service.

Re: Child Benefits claimed before ILR

Posted: Sun Jul 02, 2017 3:29 pm
by CR001
I have claimed child benefits (still paying into bank account )and child tax credits (for first one year and its stopped now). I know I am not eligible to claim the benefits as per the immigration rules which I accept and based on my financial situation, I have to claim at that time and now I realised and thinking of paying it back to DWP.
You knew what you were doing wrong and yet you still did and not only child benefit but child tax credits too and now only thinking about of paying it back. If your financial situation was so bad, one has to ask if you are or were working for a proper tier 2 general sponsor and being paid at the appropriate rate.

How many years have you been claiming benefits??

Is your spouse on a tier 2 dependent visa??

Re: Child Benefits claimed before ILR

Posted: Sun Jul 02, 2017 4:33 pm
by eoo10
Hi,
Please let's not be too hard on this fellow as I believe he is absolutely regretting his/her actions. Some people are been mislead by health care professionals saying that some benefit is for all. I have friend who fell victim of child benefit claim in 2009 and she declared it when she applied for her tier4 renewal a year after. She only realised that she had wrongly claimed the benefit when it was automatically stopped before her visa was granted.

Re: Child Benefits claimed before ILR

Posted: Sun Jul 02, 2017 5:11 pm
by makky86
eoo10 wrote:Hi,
Please let's not be too hard on this fellow as I believe he is absolutely regretting his/her actions. Some people are been mislead by health care professionals saying that some benefit is for all. I have friend who fell victim of child benefit claim in 2009 and she declared it when she applied for her tier4 renewal a year after. She only realised that she had wrongly claimed the benefit when it was automatically stopped before her visa was granted.
No one is going hard on this guy. I am not immigration expert but know little about it. I just shared what I knew.

Claiming benefit is wrong and if he doesn't declare in form and during process office finds out he will be in wort situation.

Re: Child Benefits claimed before ILR

Posted: Fri Aug 18, 2017 6:31 pm
by helloiamhere999
Hi There,
I have applied for extension through priority postal service and I have received a letter stating that "as there are complexities in your case need some more time ". Just want to check if they are checking on my child benefits.

Do home office have direct access to check whether the child benefits has been claimed or not? I mean for the people who applied in person, do they have access to this information ?/

Please suggest in my case, what could be the delay?

thanks

Re: Child Benefits claimed before ILR

Posted: Fri Aug 18, 2017 6:39 pm
by Casa
helloiamhere999 wrote:Hi There,
I have applied for extension through priority postal service and I have received a letter stating that "as there are complexities in your case need some more time ". Just want to check if they are checking on my child benefits. Highly likely, together with your tax credits.

Do home office have direct access to check whether the child benefits has been claimed or not? I mean for the people who applied in person, do they have access to this information ?/ Yes, as the UKVI share information with other Government departments, including HMRC and DWP.

Please suggest in my case, what could be the delay? See above. :idea:

thanks
You stand to be refused under 322(4) of the Immigration Rules
(4) failure by the person concerned to maintain or accommodate himself and any dependants without recourse to public funds
;

Re: Child Benefits claimed before ILR

Posted: Fri Aug 18, 2017 7:59 pm
by CR001
helloiamhere999 wrote:Hi There,
I have applied for extension through priority postal service and I have received a letter stating that "as there are complexities in your case need some more time ". Just want to check if they are checking on my child benefits.

Do home office have direct access to check whether the child benefits has been claimed or not? I mean for the people who applied in person, do they have access to this information ?/

Please suggest in my case, what could be the delay?

thanks
Did you declare and state on the form that you are claiming benefits?

Re: Child Benefits claimed before ILR

Posted: Fri Aug 18, 2017 8:38 pm
by helloiamhere999
No..I didn't declare it

Re: Child Benefits claimed before ILR

Posted: Fri Aug 18, 2017 8:40 pm
by Casa
helloiamhere999 wrote:No..I didn't declare it
In which case, you've dug yourself into an even deeper hole. :!:

Re: Child Benefits claimed before ILR

Posted: Sun Jan 27, 2019 3:23 am
by Atif786
helloiamhere999 wrote:
Fri Aug 18, 2017 8:38 pm
No..I didn't declare it
Hi, any update on your visa yet ?

Re: Child Benefits claimed before ILR

Posted: Sun Jan 27, 2019 11:16 am
by Casa
Atif786 wrote:
Sun Jan 27, 2019 3:23 am
helloiamhere999 wrote:
Fri Aug 18, 2017 8:38 pm
No..I didn't declare it
Hi, any update on your visa yet ?
This thread is almost 18 months old and helloiamhere999 hasn't visited the forum since Oct 11, 2017 :!: