Using Tax credits for earnings

[jamie244]

Hi,

I would be very grateful if you could help.
I am a British citizen and my wife is on a spouse visa and has been in UK 5 years applying in July for ILR.
We have 2 children and I am working part time and she is working part time and we are claiming tax credits.
Her earnings are £12500 a year and I earn £2000 a year. Can the tax credits we get per year be used for earnings as this will be then over the £18600 threshold?
Can tax credits be used as part of the £18600 threshold needed together with job earnings?

Many thanks for your help, we are very worried about the situation as we have 2 young children,

Jamie

[CR001]

You cannot use tax credits or child benefits to meet the income requirement.

[JB007]

I am a British citizen and my wife is on a spouse visa and has been in UK 5 years applying in July for ILR.
We have 2 children and I am working part time and she is working part time and we are claiming tax credits.
Her earnings are £12500 a year and I earn £2000 a year.

Do you realise that the Tax Credit benefit is ending and from this month, claimants will be moved onto Universal Credit - where both parents will have a Minimum Income Floor that they must earn to avoid Universal Conditions e.g job centre, work practice, going to the work providers etc?

[jamie244]

Thank you CR001,

Please can I be clear on this issue, the children are UK citizens and we a both jointly claiming tax credits as you are able to as it is not considered public funds.
Is there any documentation from the home office to say that tax credits cannot be used as part of the income requirement as it is not considered public funds?

Thank you for your help

[CR001]

Thank you CR001,

Please can I be clear on this issue, the children are UK citizens and we a both jointly claiming tax credits as you are able to as it is not considered public funds.
Is there any documentation from the home office to say that tax credits cannot be used as part of the income requirement as it is not considered public funds?

Thank you for your help

Page 18 of appendix 1.7 states it very clearly.

https://www.google.co.uk/search?source= ... Vl7UdNN__U

While it might not be considered public funds due to the way it has to be claimed jointly for immigration purposes, it is still public funds/benefit and cannot be used to count towards meeting the financial requirement.

[jamie244]

Thank you CR002


This is true, for some reason I had it in my head that this would cover the financial requirements as it was a guaranteed payment every month.
We are now in a dire consequence as we are unable to cover the threshold of £18600.
You cannot submit a fee waiver at ILR stage either I think.

Do you know what will happen if we cannot meet the financial of £18600 at ILR stage?
Is there exceptions, will they send the mother of my children back to her country?
I thought there were some new laws which prevented this from happening?

Thank you for your help

[CR001]

Do you know what will happen if we cannot meet the financial of £18600 at ILR stage?

Ilr will be refused if you do not meet the requirements.

Is there exceptions, will they send the mother of my children back to her country?

There are no exceptions for ilr on form Set M. How will likely offer flr fp and ask her to pay £1000IHS fee and will likely put her on a new 10 her route, 4 X 2.5 year visas.

I thought there were some new laws which prevented this from happening?

What new laws?? See my second answer.