BC possible problem

[tehran]

Hi

My husband applied for his ILR back in Feb, and successfully it was granted. We have been married for 8 years. Unfortunately we had been going through some problems for a while so after he recieved his ILR we decided to separate, although we remained living in the same house, until a few weeks ago. I applied for single persons tax credits shortly after he recieved his ILR. I am still supporting his BC application next Feb as we are still good friends (I know that our separation will not be a problem when applying for BC as long as I support the application,I have already called Home Office and found out this info).

What I am worried about is that home office will see that I made a tax credits claim shortly after he recieved his ILR and think that he obtained his ILR deceptively, thus invalidating his ILR and BC chances. I wonder if anybody could give me some advice.

Do Home office look into the supporting applicants tax file or concentrate on the affairs of the applicant only?

Many thanks

[Casa]

I think the problem may be more regarding the right to claim as a single person rather than a false ILR declaration.
If you were still living in the same house and weren't legally separated when you made the claim, the HMRC may consider you are were still a couple at this time and as a couple you were making a fraudulent claim for single person tax credits. What evidence for example will you be able to submit to the HMRC to prove otherwise?
Bear in mind that your husband has to give previous addresses with dates for the previous 5 years when applying for BC.

[tehran]

Hi Casa,

Thanks for your reply.

When I called Tax Credits I did say to them that we were separated but that my Husband would still be living in the house for a while until he found his own place. They didn't question this and made no reference to it on any documentation that they sent to me. Therefore I thought that this wouldn't be a problem.

[Casa]

Then you should be OK as it would be very rare for the validity of the ILR to be questioned. Even more so as you've been married for 8 years.

[tehran]

I feel a bit calmer now, thanks Casa