ILR SET (O) mistakenly took the Child benefit

[Zee7884]

Hi,

I am in the process of submitting my ILR application on the 5-year route. While completing the application, I reached the questions about the use of public funds and whether I have received any in the last 12 months. I would like to provide a clear explanation regarding a past situation.

In 2022, I applied for Child Benefit by mistake after a healthcare worker advised it was not considered a public fund. However, I declared my immigration control status in that application. We received the benefit for a year before I realized it was not permitted under my PBS visa conditions. I immediately contacted HMRC to stop the payments and requested to retur the full amount. HMRC refused to take the refund and asked me to wait till the resolution of the case.

After some effort to resolve the situation, HMRC provided a decision letter. This letter confirmed that the payment was their error, that I was not qualified, and that the payments would stop. Importantly, the letter stated there was no need to repay and that this would not affect future visa processes, and that I could share the letter with the Home Office for extensions or ILR.

I subsequently applied for my Tier 2 visa extension in 2023 through solicitors, and it was granted. This Child Benefit issue was declared in that previous application. Now, for my ILR application, I seek guidance on how to accurately answer the public funds question.

Should I state that I do not receive any public funds and provide the HMRC letters as supporting documentation? Or should I state that I have received them, even though it has been over 12 months since the last payment and the matter is fully resolved?

Any clarification you can provide would be immensely helpful, as I am completing this application myself and I am in panic mode at the momment. Thank you for your understanding.

[zimba]

Just say that you received them, then provide cover letter plus the HMRC letter and explain that this was done in error and the issue was rectified with the HMRC. This will have no effect on your ILR

[Zee7884]

Thank you Zimba, really helpful. In regard to the financial questions, shall i confess on the application that I am receiving the public funds as the second part asks for how much i have received it in the last 12 months. Along with HMRC letters with Cover letter

Or

I respond that I don’t receive any public funds and provide cover letter with HMRC letters.

[zimba]

Just say that you received them, then provide cover letter plus the HMRC letter and explain that this was done in error and the issue was rectified with the HMRC. This will have no effect on your ILR

[Zee7884]

Thank you Zimba, will put it as is. Really appreciated as this forum has been very helpful in supporting the application process.