Detailed Public Funds guidance

pads · Post by **pads** » Mon Jul 25, 2011 6:40 pm

lol It must have heard me its worked now, have printed it out love pads x

jass17 · Post by **jass17** » Thu Jul 28, 2011 7:45 pm

hi john..

i really appreciate the way u helping others..
i came to uk in feb 2011 on spouse visa... me and my husband are living with my in-laws. my husband owns a house as well. he sponsered me on that address.. but we are living with our parents now... so my query is that will it be a problem at the time of appying for ILR.. as we dont have any bill on our name.

i'll be grateful to you

Post by **John** » Thu Jul 28, 2011 10:27 pm

we dont have any bill on our name

You really do need to download the form SET(M) and read what it says about documentary evidence to be supplied with the completed form.

You came to the UK a few months ago. You and your husband need to start planning what evidence will be supplied in 2013.

As you will see from the form, the list of possible evidence is not just bills.

goals22 · Post by **goals22** » Sun Aug 14, 2011 5:33 pm

John - I am hoping you can guide me in my below query which is similar to some of the above, but also slightly different.

Me and my wife(from south-america) got married(civil) one year and 11 months ago in the UK. As a result she successfully obtained a two year spouse visa.
Prior to our marriage she had been in Spain for several years and was then awaiting her spanish citizenship(Spanish passport). The reason we did not wait for this and instead obtained a spouse visa in the UK is because we wanted to be together in the UK sooner rather than later.

She has now received her Spanish passport and thus is a European Citizen. I wanted to ask 1 questions;

1) My wifes Spouse Visa expires at the end of August 2011. We have recently had a child and would like to claim child benefit. With her new Spanish passport is she free to claim Child Benefit, or because of her previous immigration history is it only possible for me to claim this in my name (I am a British Citizen)
I am not sure if this is something that happens often so any guidance in this matter is appreciated.

Post by **John** » Sun Aug 14, 2011 5:54 pm

Congratulations, on two counts .... the baby, and your wife now being a Spanish Citizen.

Firstly, what are you planning to do as regards your wife's current spouse visa? Just let it lapse and really instead upon your wife's Treaty Rights to live in the UK? To me it seems an unnecessary expense to apply for ILR, unless you have a specific reason to do so.

Secondly, as regards benefits, you are British and irrespective of your wife's status there would be no problem you and/or your wife claiming Child Benefit and, as relevant, the two of you jointly claiming Tax Credits.

So your wife's change of status changes nothing .... such benefit claims totally OK.

Post by **Greenie** » Sun Aug 14, 2011 8:09 pm

Already asked and answered in detail here. I personally think that given Op's wife is so close to qualifying for ilr it may be worth applying if they can afford the fee as otherwise she needs to exercise her treaty rights for 5 years before she qualifies for permanent residence.

goals22 · Post by **goals22** » Sun Aug 14, 2011 10:14 pm

John - Thanks. We are both really happy about the baby and the passport also.

In regards to the spouse visa - that was exactly the plan. Effectively do nothing and let it lapse as with the Spanish passport my wife is legally allowed to stay. Greenie confirmed that I did not need to advise UKBA of this either.

With regards to the Child Benefit I wanted to check she could apply - which you have just confirmed, as this is our preferred option.

Unfortunately we don't qualify for any Tax Credits.

Thanks again.

ASides · Post by **ASides** » Tue Aug 16, 2011 10:18 pm

I would just like to thank John and the moderators of this site for all the information they have provided.

I had many questions before finding this site and reading through the topics and answers from John and the other moderators. I found all the answers here. Thanks and respects.

unfair · Post by **unfair** » Thu Nov 17, 2011 2:38 pm

Dear John,

You may have already exhausted this topic but I am hoping that you can give me a tailored response that would set my heart at peace.

My wife is a British citizen and I am on a 2 year spouse visa which is expiring soon and I will be applying for ILR. We have a 20 month old child. We have been claiming child tax credit and working tax credit in joint names.

Have I breached the immigration rules in any way, seeing as we can only claim tax credits in joint names?

Please please answer me.

Thank you

Post by **John** » Thu Nov 17, 2011 4:12 pm

A tailored response? Absolutely not necessary. Exactly this matter has been covered numerous times in this Public Funds section of this board. Obviously you do not have a problem.

unfair · Post by **unfair** » Thu Nov 17, 2011 5:25 pm

John wrote:A tailored response? Absolutely not necessary. Exactly this matter has been covered numerous times in this Public Funds section of this board. Obviously you do not have a problem.

Thank you for the response, John. One last one and I wouldn't bother you again: what do I tick in the column for applicant and partner on the SET M form regarding tax credits?

You are a gem!

Post by **John** » Thu Nov 17, 2011 5:37 pm

That has also been mentioned a number of times in this Public Funds section.

My comment is .... as regards the Public Funds question, it is rather badly designed and really does not cope with the legislation in force for you.

The comment is thus .... answer the Public Funds question "Yes", but only tick relevant benefits in the sponsor's column, and do not tick them in the applicant's column.

unfair · Post by **unfair** » Thu Nov 17, 2011 6:01 pm

Thank you so much. I can now sleep peacefully.

sensm · Post by **sensm** » Sun Dec 18, 2011 9:35 pm

Dear All,

I got my ILR few days back.
I just want to know which benifits i am eligible to claim.

My a/salary is 23k and wife's a/salary approx 25K.
Are we eligible to claim working tax credit/child tax credit benifit? or any other benifit

any information be much appreciated.
regards

sensm

Post by **John** » Sun Dec 18, 2011 10:12 pm

With family income of £48K there is no entitlement to claim Tax Credits.

However, given you mention Child Tax Credit, you can claim Child Benefit in respect of your child(ren). Child Benefit is not means-tested. Well not at the moment, although that is likely to change in 2013, but as neither you or your wife is paying Higher Rate tax, you should not be affected.

sensm · Post by **sensm** » Sun Dec 18, 2011 11:21 pm

Hi John,

Thanks for replying to my post.
child benifit form question 18
I got my ILR on 15th dec.
do i need to wait till 15th March 2012 to start claiming CB and then back bate claim for the last three month (from 15th dec - 15th march)?

or i can start claiming now.
also me or my wife can claim child benifit. we are living together.

Student fee -
I got my ilr after 5 yr work permit.
am i eligible for old student fee if i get admission in a course before sept 2012 and that for the full length of course( 4yrs). or I have to pay new tution fee.
the course i am looking started in sept 2011.
regards

sensm

Post by **John** » Mon Dec 19, 2011 7:11 am

do i need to wait till 15th March 2012 to start claiming CB and then back bate claim for the last three month (from 15th dec - 15th march)?

You can claim now, but of course need to answer that question, saying when you ceased to be subject to immigration control .... 15.12.11.

Ordinarily a claim might be backdated up to 3 months, but in your circumstances payment will not be back further than 15.12.11.

But certainly go ahead and claim now. It will take a few weeks for the claim to be agreed.

Student fee? My understanding is that your status at the start of the course counts for the whole duration of the course, even if your status changes during the course.

In September 2011 you did not have ILR, so that is the fact that will count for the whole course.

flick22 · Post by **flick22** » Wed Jan 04, 2012 11:44 pm

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i am currently a holder of the residence card for the eea family member, i have 2 kids with my ex b4 i got married to the eea family member,my question is i am claiming child benefit and child tax credit for this children will this affect my permanent residence, pls ur advise is urgently needed and if it does affect my PR what can i do now?thanks
_________________
Goodluck

flick22 · Post by **flick22** » Wed Jan 04, 2012 11:50 pm

Dear John,

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i am currently a holder of the residence card for the eea family member, i have 2 kids with my ex b4 i got married to the eea family member,my question is i am claiming child benefit and child tax credit for this children will this affect my permanent residence, pls ur advise is urgently needed and if it does affect my PR what can i do now?thanks
pls note i am R.C holder and not ILR .

Post by **John** » Thu Jan 05, 2012 8:17 am

flick22, how is your EEA partner/spouse exercising Treaty Rights in the UK? Employed? Self-Employed? Or how?

flick22 · Post by **flick22** » Thu Jan 05, 2012 12:22 pm

Dear john,
Thanks for your rapid response am very gratefull,she works part time and also in college studying,she works for a local shop who doesnt issue her payslips but she as been working with this employer since 2008,she was given an employer's letter and that was what we presented to the ukba and also bank statements that show wages from this employer when i applied for my R.C she was also issued with R.C ,pls note she is not the mother of my 2 children and she also has a child before we got married with her ex partner which she also claims C.B and C.Tax credit for.thanks for your help.

Post by **John** » Thu Jan 05, 2012 1:29 pm

she works for a local shop who doesnt issue her payslips

It is a legal requirement that an employer issues payslips to their employees, every time they are paid!

Anyway, as they are exercising Treaty Rights as a Worker, that is, as an employed person, it is totally OK to claim the benefits that you have mentioned.

But can you clarify about the Tax Credits claim? This is in the joint names of you and your spouse?

flick22 · Post by **flick22** » Thu Jan 05, 2012 2:05 pm

Dear john,thanks ,she did persuade the employer but his excuse is always that his only a small business and it would cost too much to issue payslips,child benefit for my 2 sons are in my name and the child tax credit is yet to come back as i applied in november 2011 is also only me on the application as my wife clearly stated she did not want to be included in the application for my 2 sons,if this is a problem i can stop this applications and 2,will not being able to present the ukba payslips at the end of the 5 yr period lead to refusal of my PR. as we only have bank statements and employements letters.am sorry am over stretching you sir, i do appreciate your help.thanks.

Post by **John** » Thu Jan 05, 2012 2:28 pm

The Tax Credits are a big problem, for both you and your spouse! The two of you are living together and it seems you are making separate claims for Tax Credits. This is benefit fraud!

In respect of a couple living together it is a requirement that the Tax Credits claim must be in joint names. The two of you need to sort this out without delay.

flick22 · Post by **flick22** » Thu Jan 05, 2012 2:48 pm

thanks i will discontinue the claim. very much appreciated.as it not been granted anyway thank.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Detailed Public Funds guidance

Tax credits

claiming benifits

benifits and student fee

claiming child benefit and child tax credit.

claiming child benefit and child tax credit.

claiming child benefit and child tax credit.

claiming child benefit and child tax credit.

claiming child benefit and child tax credit.