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Child Benefits already claimed now ILR ???

Questions and discussions about claiming benefits while living and working in the UK

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Darcy
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Posts: 2
Joined: Tue Oct 19, 2010 9:18 pm

Child Benefits already claimed now ILR ???

Post by Darcy » Tue Oct 19, 2010 9:48 pm

Hi,

I am Australian National married to a UK Citizen. I have been on a Tier 1 visa for 7 years which expires in 1 month. I have had 2 children in this time and claimed Child benefit - not fully comprehending that it was a public fund and I have no recourse to them. I have changed the benefits to my Husband now, but have the following questions?
1. Do I declare that I have received them at all, as I have changed it now? I am intending to be very upfront about it.
2. Do I need to appoint a solictor as I know I could be refused and will this help my chances?
3. If I apply myself, what will help my case as I have been living and working in the same employer on a very good salary for 7 years and my husband and Children are all British, and I can't possibly bear the thought of not being granted a ILR :(
It was an honest mistake and I didn't even realise it until I starting completing the forms.
I do not recall what I had to send out to the Child Benefit office to get the claim and very clearly, I should have had my husband send it as he is entitled to it but not me, but I didn't.

Any urgent advice is really appreciated as I need to quickly apply for the right to stay in the UK.
Regards

Darcy
Newly Registered
Posts: 2
Joined: Tue Oct 19, 2010 9:18 pm

Post by Darcy » Wed Oct 20, 2010 8:56 pm

Hi All, I can see I have lots of Views but no comments - is all lost? Anyone that can help me?
Thanks.....

Taha
Newly Registered
Posts: 24
Joined: Wed Jun 09, 2010 2:21 pm

Post by Taha » Tue Oct 26, 2010 1:48 pm

I would wait for responses from Gurus, but you are clearly in breach of your visa conditions which clearly say "No Resource to Public Fund". However if you some how contact HMRC and refund child benefit money and get a letter from HMRC stating all the money paid as Child benefit is returned. In your Indf application make it clear that you received the benefit unintentionally and that you have now returned all the money back, i am sure by this way your negligence will be proved. As said do wait for "Gurus" response.

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