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ILR requesting letters i don't have

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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tab66
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ILR requesting letters i don't have

Post by tab66 » Sun Mar 24, 2013 12:20 pm

Hi all, i am after some advice on what to do after encountering a problem.

I am British my wife is non EU.

We sent off the forms for ILR a few months ago and have received a response asking for us to provide council tax bills for the past couple of years that we have been living at our current address.

The problem is i have been (falsely) claiming single person discount on my council tax and as such the bills obviously don't have both our names.

Clearly in hindsight this was a very stupid move on my part and i should never have tried to save 25% a month on my bill.

Can they reject the claim if i fail to submit the bills?
Can they reject the claim if i confess to falsely claiming it?

We sent dozens of other letters of accounts etc in joint names just not the council tax.

Am rather worried now by my idiocy.

Many thanks

Kevin24
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Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Re: ILR requesting letters i don't have

Post by Kevin24 » Sun Mar 24, 2013 1:31 pm

tab66 wrote:Hi all, i am after some advice on what to do after encountering a problem.

I am British my wife is non EU.

We sent off the forms for ILR a few months ago and have received a response asking for us to provide council tax bills for the past couple of years that we have been living at our current address.

The problem is i have been (falsely) claiming single person discount on my council tax and as such the bills obviously don't have both our names.

Clearly in hindsight this was a very stupid move on my part and i should never have tried to save 25% a month on my bill.

Can they reject the claim if i fail to submit the bills?

Council Tax Bills are an important proof that You and your wife are co-habit ting.Until you send the bills to UKBA, will not consider your application after the time limit passes they will refuse your application.
Can they reject the claim if i confess to falsely claiming it?

We sent dozens of other letters of accounts etc in joint names just not the council tax.

Am rather worried now by my idiocy.

Many thanks

Kevin24
Diamond Member
Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Re: ILR requesting letters i don't have

Post by Kevin24 » Sun Mar 24, 2013 1:48 pm

Kevin24 wrote:
tab66 wrote:Hi all, i am after some advice on what to do after encountering a problem.

I am British my wife is non EU.

We sent off the forms for ILR a few months ago and have received a response asking for us to provide council tax bills for the past couple of years that we have been living at our current address.

The problem is i have been (falsely) claiming single person discount on my council tax and as such the bills obviously don't have both our names.

Clearly in hindsight this was a very stupid move on my part and i should never have tried to save 25% a month on my bill.

Can they reject the claim if i fail to submit the bills?

Council Tax Bills are an important documentary proof that You and your wife are co-habit ting.Until you send the bills to UKBA, will not consider your application after the time limit passes they will refuse your application.Also if you admit that you have been falsely claiming Council Tax,certainly application will be rejected. Before you do any thing Pl. seek legal help.

Can they reject the claim if i confess to falsely claiming it?

We sent dozens of other letters of accounts etc in joint names just not the council tax.

Am rather worried now by my idiocy.

Many thanks

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Casa
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Post by Casa » Sun Mar 24, 2013 1:53 pm

Yes they can reject the application. Your main problem is the fact that your claim for a single person discount is fraudulent and you're subject to prosecution. It would probably be assumed that your wife was aware of the claim and is therefore jointly responsible. A simple check by the UKBA will show your single person claim.
As the saying goes...you're stuck between a rock and a hard place. :?

tab66
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Post by tab66 » Sun Mar 24, 2013 2:13 pm

So basically it sounds as though it will be rejected regardless then?

What about if i confess to my council and have the old bills re sent without the discount?
I don't mind being prosecuted as the information i have found searching the internet seems to say it will result in fines, criminal record & paying the outstanding amount, ie - no prison sentence.

We also have a newly born baby if that would make any difference.

[iD]
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Post by [iD] » Sun Mar 24, 2013 2:24 pm

Council is mainly interested in money. If you call yourself and offer to pay the amount due, most often than not, they will be ok with it.
This should be your start. Call them up and pay the amount due and get the council tax bill resent to you with proper amount.
Goodluck.

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Casa
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Post by Casa » Sun Mar 24, 2013 5:43 pm

It's doubtful whether the council will re-issue 2 years of statements, but I do agree you should offer to re-pay the discount you've claimed. You need to avoid a court summons as this could affect your wife's ILR application if she is implicated with you in the avoidance of council tax.

Kevin24
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Post by Kevin24 » Sun Mar 24, 2013 7:01 pm

You should send these Council Tax Statements,if they are given by the council with in 14 days. Please remember to send them on time. Keep us posted how it all went. Good luck.

UKBA HUNTER
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Post by UKBA HUNTER » Sun Mar 24, 2013 7:27 pm

Very poor style (copy & paste same thing again and again) from Kevin24 to increase his posts. It totally causing disturbance in reading. Must be discouraged by moderators.

Kevin24
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Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Sun Mar 24, 2013 7:54 pm

UKBA HUNTER wrote:Very poor style (copy & paste same thing again and again) from Kevin24 to increase his posts. It totally causing disturbance in reading. Must be discouraged by moderators.
Thank you for your observation and suggestion.

Amber
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Re: ILR requesting letters i don't have

Post by Amber » Sun Mar 24, 2013 9:36 pm

tab66 wrote:Hi all, i am after some advice on what to do after encountering a problem.

I am British my wife is non EU.

We sent off the forms for ILR a few months ago and have received a response asking for us to provide council tax bills for the past couple of years that we have been living at our current address.

The problem is i have been (falsely) claiming single person discount on my council tax and as such the bills obviously don't have both our names.

Clearly in hindsight this was a very stupid move on my part and i should never have tried to save 25% a month on my bill.

Can they reject the claim if i fail to submit the bills?
Can they reject the claim if i confess to falsely claiming it?

We sent dozens of other letters of accounts etc in joint names just not the council tax.

Am rather worried now by my idiocy.

Many thanks
I take it this is a set(m) application? If so then council tax documents are not a requirement in law. You have to prove cohabitation but that can be a number of documents. Therefore you may find that by sending other joint documents this may suffice. However, if they are adamant on council tax you need to 1. Repay the discount, 2. Accept full responsibility yourself, although ignorance of the law is no defence your acceptance of liability could help persuade the caseworker that your wife is not of bad character. You could say that you thought your wife was not counted for council tax as is subject to immigration control, if that was the case? It really was rather stupid to jepodise her stay for 25% reduction in council tax. Well it is done, seek legal advice if they still request council tax after sending other documents, in the meantime, pay the discount back.

tab66
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Post by tab66 » Mon Mar 25, 2013 12:05 am

Thanks for all your replies.

It is set M yes and the required documents in the application form didn't state council tax records were compulsory, they were one of 8 different documents, only 6 of which were a requirement. Surely my tenancy agreement was proof enough that we live together.

Do you think they already know that i claimed a discount as it seems odd they requested it after they received 7 other documents in our joint names.

Can you recommend the best place to get advice from, solicitors or someone similar.

Thanks

Amber
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Post by Amber » Mon Mar 25, 2013 1:16 am

tab66 wrote:Thanks for all your replies.

It is set M yes and the required documents in the application form didn't state council tax records were compulsory, they were one of 8 different documents, only 6 of which were a requirement. Surely my tenancy agreement was proof enough that we live together.

Do you think they already know that i claimed a discount as it seems odd they requested it after they received 7 other documents in our joint names.

Can you recommend the best place to get advice from, solicitors or someone similar.

Thanks
Confirm what documentation to prove cohabitation were sent and for what time period over the two years? If you only sent the tenancy agreement for cohabitation this is the reason. You needed to sent at least 6 letters from 3 different sources e.g. A joint official document or one for each person for every 4 months during the 2 year period.

tab66
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Post by tab66 » Mon Mar 25, 2013 12:16 pm

We sent more than enough i'm sure, from join bank accts, energy bills, phone bills, water rates tenancy agreement, all her wage slips, and her own individual bank acct, general letters she had received. literally everything except the council tax

suis
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Post by suis » Mon Mar 25, 2013 5:12 pm

tab66 wrote:We sent more than enough i'm sure, from join bank accts, energy bills, phone bills, water rates tenancy agreement, all her wage slips, and her own individual bank acct, general letters she had received. literally everything except the council tax
i have submitted electoral registration summary for 5 yrs and council tax only and i got my PR.

Ramana66
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Post by Ramana66 » Sat Mar 30, 2013 9:30 pm

Hi Suis,

How do you get the electoral registration summary document for 5 years. what is the process to apply and get it. We did got the polling cards every time there is a election but these were taken by the polling officers when we went to vote.

Much appreciate your help.

Cheers

Kevin24
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Post by Kevin24 » Sat Mar 30, 2013 9:53 pm

Ramana66 wrote:Hi Suis,

How do you get the electoral registration summary document for 5 years. what is the process to apply and get it. We did got the polling cards every time there is a election but these were taken by the polling officers when we went to vote.

Much appreciate your help.

Cheers
You have to apply at your Local Council for this summary from the Electoral Registration Dept.in writing.

Kevin24
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Post by Kevin24 » Sat Mar 30, 2013 9:55 pm

UKBA HUNTER wrote:Very poor style (copy & paste same thing again and again) from Kevin24 to increase his posts. It totally causing disturbance in reading. Must be discouraged by moderators.
Now UKBA are going to be disbanded ,what are you going to Hunt?? The Home Secretary?/ :D Definitely not copied and pasted as you suggested. You and your 2 Cents comments.

Ramana66
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Post by Ramana66 » Sat Mar 30, 2013 9:56 pm

Thanks Kevin,

I will do this.

I guess I need to do this separately for every council I lived (I lived in two separate council areas in last 5 years).

Cheers,

Kevin24
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Post by Kevin24 » Sat Mar 30, 2013 10:22 pm

Ramana66 wrote:Thanks Kevin,

I will do this.

I guess I need to do this separately for every council I lived (I lived in two separate council areas in last 5 years).

Cheers,
Mate! Before you start writing ,why don't you drop into your Council and request verbally. Don't think they will charge but should be able to get it in 2 weeks,minimum. Keep us informed.

Kevin24
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Post by Kevin24 » Sat Mar 30, 2013 11:51 pm

tab66 wrote:We sent more than enough i'm sure, from join bank accts, energy bills, phone bills, water rates tenancy agreement, all her wage slips, and her own individual bank acct, general letters she had received. literally everything except the council tax
Why don't you get advise and the course of action to take, from your local CAB.

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