Benefits : affecting ILR? Read before starting new topic.

[agnesh]

Dear John/anyone who can help

I have a question about which boxes to tick in the public funds section of the SET M form. I am British and my (African) husband is in the process of applying for ILR. For the past two years, I have been claiming child benefit and WE have been claiming child tax credit, which is paid into my account. I looked at this forum several months ago and was clear about which boxes we would need to tick on the SET M form - in both cases I would tick CB and CTC under my name, but not my husband's.

However, our circumstances have changed following an increase in the number of hours that my husband works, and a letter arrived in the post saying that we will now be getting WTC as well. I do not work (I am a full-time postgrad student with some funding, but this is not taxable and therefore does not count as 'income'), my husband does. So on the tax credits form from HMRC, it says: working tax credit to be paid to [my husband's name]; child tax credit to be paid [to me].

In this case, it seems as though it would be wrong for me tick WTC on the SET M form under my name, and that we should tick WTC under my husband's name. But of course now I am worried that somehow this could complicate his ILR application. I understand that technically we haven't done anything wrong, as he is exempt from immigration control for tax credits purposes only. However, I am still worried that if they see a tick in the box next to WTC under HIS name, it could give them an opportunity to refuse ILR, but yet if we put the tick under MY name, they will check with HMRC and find that he is the one receiving working tax credit not me, and THAT could be a reason to refuse his application!

I am very suspicious of and have little faith in the bureaucratic systems that deal with these processes and really don't want anything to go wrong. (Initially, when we applied for (child) tax credit it was refused on the grounds that my husband had 'no recourse to public funds' on his visa. It took me several months, dozens of phone calls and lots of pleading - 'but surely my son and I, as British citizens living on a very low income, should be entitled to something? can I not apply as a single mum then? we can't be the only ones in this situation? - before the tax credits woman agreed to try and 'find a solution', making me feel as though she was doing me a personal favour!)

So any advice would be very much appreciated! Thanks for your help!

[agnesh]

Anyone out there who can help? Please?

Just to recap: I am receiving CB, WE are receiving CTC and WTC. The CB and the CTC go into my account, but on our tax awards letter it clearly states that the WTC is to be paid to my husband, who is on a spouse visa. I am not working, he is.

My question is: which boxes do we tick in question 8.6 on the SET(M) form, where it asks: are you or your partner receiving any public funds?

Should we

a) tick only CB under my name, and ignore CTC and WTC (since I understand that in our case, CTC and WTC do not count as public funds). I think this is probably the 'correct' thing to do, but when we submit our bank statements, they will see that we have been receiving CTC and WTC. Could this cause a problem - i.e. will the people dealing with the application be knowledgable enough about immigration rules? Is it wise to submit an explanatory letter, or could this make things worse?

b) tick CB and CTC under my name, and WTC under my husband's? This seems risky to me...

c) tick all three under my name? Also seems risky, once they see that the WTC is paid to my husband...

Thank you to anyone who can help!

[fifiwong]

I am on a work permit dependant visa with no recourse to public funds. I have just realised yesterday that I had claimed something which I was not supposed to claim. I claimed Health In Pregnancy Grant in November 2010 without realised that scheme was listed under “social funds”. I rang HMRC yesterday notified them I wanted to repay the benefit money received but they told the relevant department does not exist anymore as the scheme scrapped and asked me to contact the local job centre plus. I spoke to a guy from job centre plus this morning, he checked my record and said there is nothing for me to repay so there is nothing I should worry about.

I am still feeling anxious and worried as any benefit claims might jeopardise our ILR application in this coming November. I wish to pay back the money but not sure what department I should approach and where to send the money to?

Can anyone help me with this please? Please advise me on what to do next.

Many thanks.

[lolly10]

I am britsh husband is under immigration control and is not allowed to work in the uk. I have just started working 20hours a week, I have one child. Do I qualify for working tax credits and child tax credits. As he is unable to work the 24hours you are to work to be eligible does this still apply? Thanks

[east579]

Can anybody please help me i need some advice I am British and my girlfriend is Brazilian we have just recently had a child together my child is British.

My girlfriend is an over stayer and we have an appointment in January to seek advice on how to alter this situation the problem is my job is going to be ending in December and i am going to have to claim some benefits job seekers, HB+CTB could anybody advise me on the best way to approach this?.

The questions i have is
1.Do i claim job seekers for just me and my child but inform DWP that my partner is there?
2.With HB and CTB do i make the claim in my name for me and my child and just notify the council that my partner is living with me and hasn't any permission to work and no income?.

Any help would be much appreciated.

[zubair_hr]

virenque, when the SET(M) application was made, what evidence of the two of you living together did you provide?

Just trying to understand the background as to why they are requesting documents at this time.

Hi John,

I need a bit of clarification re Child Tax Credits, Child Benefits and WTC.

I am on ILR and my wife is on 2 years probationary Spouse Visa with 'No recourse to Public Funds'.

Just wanted to clarify whether claiming CTC, CB and WTC would have effect on my wife's ILR application due in a year time?

Also if you could help me with the 'Link' to UKBA rules that mentions about claiming benefits.

Appreciate your support.

Thank you
Zubair

[John]

You are in the right topic, but now you need to go back to its beginning. In particular read the post I made "Fri May 23, 2008 3:20 pm".

[zubair_hr]

You are in the right topic, but now you need to go back to its beginning.

In particular read the post I made "Fri May 23, 2008 3:20 pm".

Cheers John,

Can you please clarify term ' person under Immigration Control' . Does a person on 2 years spouse visa (probationary period) comes under this category?????

Thank you

[John]

Can you please clarify term ' person under Immigration Control' . Does a person on 2 years spouse visa (probationary period) comes under this category?

Yes, he/she does come within that term.

Whereas, for example, a British Citizen or a person with ILR does not come within that term.

[zubair_hr]

Can you please clarify term ' person under Immigration Control' . Does a person on 2 years spouse visa (probationary period) comes under this category?

Yes, he/she does come within that term.

Whereas, for example, a British Citizen or a person with ILR does not come within that term.

cheers,

If that's the case then she cannot claim any benefits i think, because whilst completing Child Tax Credits calculator there is a question whether any claiment is under immigration control???? so what shall we do in this case then???[/list]

[John]

I really posted about this at the very beginning of this topic, but from the HMRC website, go to this webpage and in particular read the part headed "You're subject to immigration control - when can you get tax credits?" and "You have a partner".

[stevepl]

Hi there, I wonder if anyone could help me here., I hope this is the right place to post this.

I am a British citizen and was born in this country. My wife applied for ILR at the end of October. She was then asked to do her biometrics again earlier this month which has been completed.

During the whole time that she was on her spouse visa I had a full time job and had never claimed any benefits in my life (except child benefit)

Unfortunately a recent situation in which I lost my job unexpectedly has forced me to to take JSA, also in the process of applying for Housing benefits/council tax benefits.

My question is whether or not this will affect my wife's ILR application? On that application form obviously I did not mention about any of these benefits (except CB) because back then it wasn't applicable. But now I've started getting benefits a couple of months after the ILR form was sent off, what impact will it have?

Thanks in advance

Steve

[saraktish1987]

I had made this post under a new topic initially but have now realized this is the place for it.

So quoting: Posted: Tue Feb 26, 2013 11:40 am Post subject: ILR and 'accidental' child benefit claim

Hi
I am a South African and so is my husband.

We have 2 daughters, both born here in the UK. I was advised (by both the midwife and health visitor) after their subsequent births that I would be able to claim child benefit.

I stupidly did so and was granted it for both girls. Although after almost 21 months my mind is baffled as to whether they had actually asked for my passport. But I know for a fact I ticked the box that said 'no access to public funds'/ 'subject to immigration control'

I am now planning to apply for my ILR in March.

Will they immediately deny my ILR application on these grounds?

I have stopped the payments and have been told that I may have to pay back the amount given to me. (Which I am dreading.) Which i have estimated to be almost £2500

I am applying for ILR on grounds of an Ancestry visa. Although my father was born and bred here, funnily enough. (I was adopted when I was very young but was never registered with UK home Office before I was 18.)

Any advice would be greatly appreciated.

I would like to know if I need to book flights home or pay for my Life in the UK test.

Kind regards and thanks in advance.

[saraktish1987]

I had made this post under a new topic initially but have now realized this is the place for it.

So quoting: Posted: Tue Feb 26, 2013 11:40 am Post subject: ILR and 'accidental' child benefit claim

Hi
I am a South African and so is my husband.

We have 2 daughters, both born here in the UK. I was advised (by both the midwife and health visitor) after their subsequent births that I would be able to claim child benefit.

I stupidly did so and was granted it for both girls. Although after almost 21 months my mind is baffled as to whether they had actually asked for my passport. But I know for a fact I ticked the box that said 'no access to public funds'/ 'subject to immigration control'

I am now planning to apply for my ILR in March.

Will they immediately deny my ILR application on these grounds?

I have stopped the payments and have been told that I may have to pay back the amount given to me. (Which I am dreading.) Which i have estimated to be almost £2500

I am applying for ILR on grounds of an Ancestry visa. Although my father was born and bred here, funnily enough. (I was adopted when I was very young but was never registered with UK home Office before I was 18.)

Any advice would be greatly appreciated.

I would like to know if I need to book flights home or pay for my Life in the UK test.

Kind regards and thanks in advance.

Any help in this regard would be greatly appreciated.
Thank you all.

[vinny]

See also Detailed Public Funds guidance.

[saraktish1987]

Thank you, mod.

I have booked an appointment with a lawyer.

Will post his reply.

Kind regards,
Kara

[akhan25]

Hi all i had a question to ask too can anyone plz help

I am on spouse visa and me and my wife work fulltime we dont recieve a peny as benefit but few months ago my wife was offered a study flat from council bidding shr was bidding since 17 before we even met then wen we start living together she has to put my name with them and they took my payslip and passport i told them am not elugible they said if she has offered a flat it will b in her name only anyway we got place in oct 2012 and they only put in her name and we got studio flat so my question is will it be a problem for my ilr as she wud have got that if she was single or couple

Thanks

[John]

Not a problem at all. The reason for that is that a studio flat could easily be allocated to a single occupant, so it is clear that the size of the accommodation has not been increased because you are also living there.

[akhan25]

Thanks for quick reply one more question is that i have to tick that option on form for council rented one but do i have to tick housing benefit for my wife on public fund section thou apart from renting we dobt recieve any monetory help towards rent


Thanks

[ukstorm1]

Hi, everyone.
Please help me to understand this quote from European Casework Instructions:

EEA nationals who are in the UK as self-sufficient persons and students should be able to
support themselves without public funds. Such persons are only able to claim public funds
without losing their right of residence if they are able to demonstrate that they are not an
unreasonable burden on the state. To establish whether an EEA national is an unreasonable
burden on the state each case would need to be assessed on an individual basis. If the EEA
national is claiming public funds after having been in the UK for some time, the fact that s/he
had been self sufficient would be a factor in determining whether the burden is reasonable, as
would the length of time that s/he is likely to be in receipt of public funds. Although an EEA
national in this situation would be regarded as having a right of residence even though s/he was
in receipt of public funds, it would not be appropriate to issue him/her with a registration
certificate.

My wife EEA national and self-suficient ( i got RC EEA2 and working). We receiving Child Tax Credit and Child Benefit. Are we going to have a problem when apply for Permanent Residence?
Thanks.

[nathan2]

We got our dates wrong, and my wife is overstaying her previous FLR(M) from today.

Vinny advised a new application for FLR(M), under the less than 28 days rule, will be considered under the new rules, including the £18600 income test.

I'm self-employed, my gross income last year (2013-13) was £16200. We get Working Tax Credits (my income the previous financial year was very low, because of my disabilities), and I claim HB and CTB. No children.

Got conflicting information from UKBA docs Does the UKBA accept WTC as counting towards the income test?

[nathan2]

Sorry, duplicate post, please remove.

[ac123]

Hi John and all experts, can you pls put your thought regarding this,
If some one who applied for his wife's flr m application under the old rules and while the application is pending , he applies for homelessness assistance from the council with two UK born children, would that be counted as public fund and affect wife's FLRM application ?? Many thanks.

[Amber]

Hi John and all experts, can you pls put your thought regarding this,
If some one who applied for his wife's flr m application under the old rules and while the application is pending , he applies for homelessness assistance from the council with two UK born children, would that be counted as public fund and affect wife's FLRM application ?? Many thanks.

You should start a new topic as its confusing to get lots of questions on this thread! Yes homelessness assistance is a public fund. However, do the LA know about your wife being subject to immigration control and if you and the children have a right to such assistance without your wife then that's ok.

[wiggsy]

Hi John and all experts, can you pls put your thought regarding this,
If some one who applied for his wife's flr m application under the old rules and while the application is pending , he applies for homelessness assistance from the council with two UK born children, would that be counted as public fund and affect wife's FLRM application ?? Many thanks.

AC: See this file - it was updated on 6th April 2013.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

A person subject to immigration control can claim certain public funds when they have a right to reside in the UK if they live with a family member who is:
 a British citizen, or
 a national of a country in the European Economic Area (EEA).

i still havent seen a list of funds that a BC family member can claim, despite numerous attempts via FOI... but I do assume that it is the same as the EEA national - just UKBA won't admit that!)

- perhaps somebody else has info on this?

i do note that page 20 states:

This page lists countries in the European Economic Area (EEA) and tells you what public funds nationals of these countries can claim.
The following countries are in the EEA.
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Republic of Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
UK
EEA nationals can claim the following public funds:
 Attendance allowance
 Carer’s allowance
 Council tax reduction
 Child benefit
 Child tax credits
 Personal independence payment
 Working tax credits
 Disability living allowance
 Contribution-based employment and support allowance (ESA)
 Severe disablement allowance
 Social fund payment
 Universal credit.