Recourse or no Recourse to Public Funds

[hassanr74]

Hi,
My Wife is Irish National and i am Non Eu with EEA2 Visa.

I have a question and not getting answer from any where.

As EEA2 Visa does not say no recourse to public funds,
My question is are Non EU national with EEA2 visa are allowed to claim working tax credit without stating subject to immigration control.

The problem is it doesn't say anything about public funds.....

I called HMRC Tax credit help line but they said we don't know and we are not trained for this.

Please reply me

Thanks

Thanks

[Amber]

Yes you may claim public funds so long as you're not an unreasonable burden on the state. Should be no issues for child benefit and tax credits, the latter must be in joint names.

[hassanr74]

Thank you for your reply Amber.

my wife and i made a joint application for working family tax credit. HMRC did approve it but they cut my part.

This is how HMRC told me that.. If your joint annual income is £8000 you will be receive £250 per month and than they divide £250 by 2 and only give us £125, As they said that one adult is under immigration control so we are deducting his part.

But HMRC also said that if your VISA dosen't state " no recourse to public funds" than give us Proof by sending us photo copy of your VISA.

I don't know Why home office doesn't state that whether we have recourse to public funds or not. Very confused.

[Amber]

That's rubbish even if you were subject to immigration control, which you're not, you'd be able to claim tax credits as it's not counted as a public fund where one of a couple is settled/British/Right to reside EEA national. I suggest you ask for a reconsideration (click).

[Obie]

I agree. HMRC is wrong.

They will only be entitled to do that is regulation 3 (1) case 4 or 5 applies.

You clearly fall into Regulation 3 (2)

[hassanr74]

Thank you very much,

I knew they are not telling me correctly. i will read the regulations in detail.
i also found that in Public funds guidance page 17 states that:

"Child and working tax credits are claimed jointly by couples. If only one member of a couple
is subject to immigration control, then for tax credits purposes, neither are treated as being
subject to immigration control."

https://www.gov.uk/government/uploads/s ... 2_0EXT.pdf



No idea why they are doing like this. I paid thousands of pound tax when i had a good job, now when i am in a bit a financial difficult they are doing like this.

Anyway i will fight my case.

Thank you to all. Great forum great people.

[Petaltop]

That's rubbish even if you were subject to immigration control, which you're not, you'd be able to claim tax credits as it's not counted as a public fund where one of a couple is settled/British/Right to reside EEA national. I suggest you ask for a reconsideration (click).

I've seen threads on here where they have said that this in now not the case for non EUs married to a Brit/ILR, if there are no children. Has that changed again?

[chaoclive]

Just curious: if an EEA national (Irish) were to claim tax credits or housing benefit in the UK, would there be any consequence for the non-EEA national spouse getting PR?