ILR Public Funds Query

vinpat1 · Post by **vinpat1** » Thu Jul 07, 2011 12:11 pm

Hi All

My wife's Spouse visa is due to expire on 15/08/11, so we are preparing the Form(M) and the documents etc. We are looking to visit a PEO to make the applicattion. She is on a spouse visa that states 'No recourse to public funds'.

I have a question with regards to 7.6 on the form 'Are you or your partner receiving any public funds?' We had a lovely baby boy on 12/08/10 for whom we are claiming Child Benefits. Also, we claim Child Tax Credits too. The Child benefit is claimed under my name and the Tax Credits is in both our names. We specified on the Tax Credits application form that she is under immigration control at the time of applying.

Both these payments go into my Wife's bank account, would this be a problem? Also, which tick boxes would she have to tick on the Form, there are options of 'You' or 'Your Partner', would it be safe to tick 'Your Partner'?

Thanks

rajesh_kumar01 · Post by **rajesh_kumar01** » Thu Jul 07, 2011 12:33 pm

vinpat1 wrote:Hi All

My wife's Spouse visa is due to expire on 15/08/11, so we are preparing the Form(M) and the documents etc. We are looking to visit a PEO to make the applicattion. She is on a spouse visa that states 'No recourse to public funds'.

I have a question with regards to 7.6 on the form 'Are you or your partner receiving any public funds?' We had a lovely baby boy on 12/08/10 for whom we are claiming Child Benefits. Also, we claim Child Tax Credits too. The Child benefit is claimed under my name and the Tax Credits is in both our names. We specified on the Tax Credits application form that she is under immigration control at the time of applying.

Both these payments go into my Wife's bank account, would this be a problem? Also, which tick boxes would she have to tick on the Form, there are options of 'You' or 'Your Partner', would it be safe to tick 'Your Partner'?

Thanks

you are enjoying public fund even when it is clearly written on your VISA. Tell me whether it will be a problem or not ?
Yes .. you have broken the Law and most probably your Visa will get rejected.
You can not claim child benefit , tax credit or any other public fund.

I have seen few people had refund all public fund their had claimed before submitting their application.
Please check that.

Good luck

vinpat1 · Post by **vinpat1** » Thu Jul 07, 2011 12:40 pm

Hi

We are not 'enjoying public fund' as you said as both my wife and I work full time and we are not dependent on these benefits. I am a British Citizen from birth and I thought we have the right to claim these due to my immigration status..???

rajesh_kumar01 · Post by **rajesh_kumar01** » Thu Jul 07, 2011 12:54 pm

vinpat1 wrote:Hi

We are not 'enjoying public fund' as you said as both my wife and I work full time and we are not dependent on these benefits. I am a British Citizen from birth and I thought we have the right to claim these due to my immigration status..???

how will you define money withdrawn from Public fund if not enjoyment ?
Any .. as you said you are British so I am not sure how will these laws go on you .
May be some other member reply on your Q.
I wish you good luck for withdrawing public fund and visa as well.

vinpat1 · Post by **vinpat1** » Thu Jul 07, 2011 1:11 pm

'how will you define money withdrawn from Public fund if not enjoyment ?
' - I think you are missing the point. This is MY entitlement to public funds as a Tax Payer and a British Citizen.

Hope there is another member who could help with this query

Post by **Casa** » Thu Jul 07, 2011 2:02 pm

You're absolutely right. Rajesh_Kumar has totally missed the point that as a British Citizen you have every right to claim these funds and as you already know, you are correctly claiming the tax credits jointly.
No doubt you'll see an apology shortly.

I would tick 'partner'. The case worker will see when they check with HMRC records that you are claiming within the regulations.

vinpat1 · Post by **vinpat1** » Thu Jul 07, 2011 2:16 pm

Hi Casa

Thanks for your reply, very much appreciated. Just a couple of questions:
1. Will the fact that these benefits are being paid into my wife's bank account be an issue?
2. Do you this our application is straight forward enough to be submitted by visiting a PEO?

Thanks in advance

vinpat1 · Post by **vinpat1** » Thu Jul 07, 2011 2:43 pm

Hi Casa

Thanks for your reply, very much appreciated. Just a couple of questions:
1. Will the fact that these benefits are being paid into my wife's bank account be an issue?
2. Do you this our application is straight forward enough to be submitted by visiting a PEO?

Thanks in advance

Post by **Casa** » Thu Jul 07, 2011 2:44 pm

1. I can't see a problem, but wait for someone with more knowledge (John for example) to confirm this.
2. I'm not legally qualified to advise on the validity of your application, but you should be fine as long as you can:
Submit a minimum of 6 pieces of evidence showing joint address from 3 different sources, spread as evenly as possible over the 2 years
Submit evidence of joint finances - bank statements, pay slips, P60 (where applicable)
Life in the UK or ESOL certificate from approved college

rajesh_kumar01 · Post by **rajesh_kumar01** » Thu Jul 07, 2011 2:47 pm

Casa wrote: No doubt you'll see an apology shortly.

Casa , Thanks for reminding me for an apology . Actually I sent an apology(felt sorry) long back when LABOUR Party was kicked out and conservative took over. Otherwise by this time they, Labour, would have given whole Britain in Benefits only.

In previous post , I mentioned about missing the British thing. BUT I wished him good luck and you came..
My apology again...

Post by **John** » Thu Jul 07, 2011 2:57 pm

I have moved this topic here, to the Public Funds section of this board, where this subject matter has been discussed many times.

vinpat1, you do not have a problem. That is, don't just read the Public Funds definition is para 6 of the Immigration Rules. That is, para 6B comes to your aid and ensures that the benefits you mention are not Public Funds.

Post by **Casa** » Thu Jul 07, 2011 3:13 pm

Thanks for stepping in John.
Rajesh_Kumar, no problem, this was intended as a lighthearted comment.

rajesh_kumar01 · Post by **rajesh_kumar01** » Thu Jul 07, 2011 3:19 pm

John wrote:I have moved this topic here, to the Public Funds section of this board, where this subject matter has been discussed many times.

vinpat1, you do not have a problem. That is, don't just read the Public Funds definition is para 6 of the Immigration Rules. That is, para 6B comes to your aid and ensures that the benefits you mention are not Public Funds.

John ,

Do we have many sets of Public Funds ? List at Home office includes Child benefit and child tax credit in Public fund

http://www.ukba.homeoffice.gov.uk/while ... blicfunds/

This may not be related to this User's query but many will read your post.

Post by **John** » Thu Jul 07, 2011 4:30 pm

rajesh_kumar01, if only it was that simple. There is only one list, in para 6 of the Immigration Rules, but then immediately following para 6 are paras 6A, 6B and 6C, which effectively tweak that definition, dependant upon circumstances.

adamboston · Post by **adamboston** » Thu Jul 07, 2011 4:41 pm

With my welfare rights experience I can confirm with hand on my heart that OP has correctly exercised his rights by staying within the regulations and there is no breach.

If OP was a lone parent, let's suppose, he would have got the same amount in child benefit and child tax credit as he is receiving now. The money claimed is for British child not for spouse.

I fully endorse and echo what John and Casa said in their posts.

Post by **John** » Thu Jul 07, 2011 5:05 pm

The money claimed is for British child not for spouse.

That may well be the case here, but even if the child had not been British, the claims for Child Benefit and Tax Credits would still have been OK, given the British spouse in this couple.

That is, there is a distinction between an exemption given by para 6A, and an exemption given by para 6B, and for CB and TCs it is para 6B that we need to look to.

So the quantum test in para 6A, which you imply in :-

If OP was a lone parent, let's suppose, he would have got the same amount in child benefit and child tax credit as he is receiving now.

-: is not actually in play here.

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