Ancestry / ILR / Immigration Rules

[Jjtte]

Hi All,

1) 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.

2) 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. All my siblings and Mom are here, my dad passed away in 2011 and is buried here.

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?

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 has just started working too. We are repaying tax credits overpayment from last year on a monthly basis which reflects in our bank statement with instalment ending in 2016. I have a letter from Hmrc with regards to the same. I've only ever worked in my home country and then here in the UK.


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