Immigration law/ ILR

[Jjtte]

Hi All,

I am due to apply for ILR. Ancestry Visa (5 yr.)expires 11/04/2013. I entered the UK 18/07/2008. I couldn't arrive earlier as my son was 3 months old. Dad had a bypass surgery, and my brother got married the weekend before I left my country. Is this reason enough? Can I apply for ILR immediately or should I apply for extension till 18 July 2013? My wife and 2 sons (2nd son born in the UK) are also with me. It will be very expensive to do an extension. Please advice. I have never left the UK since and have been working continuously.

Secondly, more importantly... When I entered the country and got a job (min wage) in sept 2008. I was advised by colleagues about child tax and working tax credits that was entitled to it as I had kids. Honestly I was struggling to get by on my wage alone. I made a call to Hmrc honestly and told them my visa status, was sent a form on which I selected 'No recourse to public funds' I had very little knowledge at the the time about the list of public funds. Told the Hmrc advisor my status and was told I am eligible. I was awarded the credits.
About six months i became aware that the award may not be right. Since then I have called repeatedly and explained to Hmrc my status and have been assured that I am eligible by different advisors. I even offered to pay back any monies. I does sound vague but I have called them every 3 months until I stopped calling them. I have not availed of child benefit etc. Now I am about to apply for ILR.

I am almost certain that I am going to be asked to pack up. But I have nothing to return to with my family. I'm looking down a very dark tunnel. I am in breach effectively but can't prove my calls to the Hmrc. Any ray of light that I can cling on to?

Should I even spend my little saving on the application or buy tickets to fly back home. Rent a house find a job and regret my mistake. Pls pls pls advice

Regards to all

Jjtte

[John]

Your nationality? The nationality of a spouse living with you?

Also, before coming to the UK, did you work in any country apart from that of your nationality? If yes, details please.

[Jjtte]

Hi John

Our nationality is Indian. By the way in the last five years I have worked hard and moved a couple of jobs and have now got a permanent job. My wife is working too. We are repaying tax credits overpayment from last year on a monthly basis which reflects in our bank statement ending 2016. I have a letter from Hmrc with regards to the same.

Thank you for your interest and support.

Regards

Jjtte

[Jjtte]

I've only ever worked in my home country and then here in the UK.

Regards.

Jjtte

[John]

Those being the facts, you have no entitlement to claim Tax Credits, well not until ILR is granted.

[Jjtte]

Hi John,

Pls advice what is the best way to go from here.

Regards,