claiming child tax as single or jointly?

[Timber0613]

I am a British citizen, my wife is an american citizen. We have three kids two born in america and one recently born here. When I came back to reside in the uk I have been claiming as single with our 2 kids for a few years now as wife lived in the us. After she became pregnant she stayed with me till she had the baby, we have applied for her immigration papers while still here with no descision yet, but when I tried to add the baby to my existing claim, I had mentioned my wife was with me and was told I need to claim jointly. Its been 8 weeks now since they stopped the child tax and now they tell me she needs to apply for an NI and if she applies and doesnt get one I still dont get any CT. She doesnt want to apply for NI cuz it will look like she is trying to work. Should I have still been on the singles claim since she isnt a permanent resident here yet? And if I do have to file jointly does she need the NI for me to get child tax paid again? Thanks

[Amber]

See TCTM06110 - Claims and Notification: Provision and Verification of a NINO (click)

They must provide sufficient information or evidence, which will allow a NINO to be allocated to them by a DWP or DSD District Office.

There are two exceptions to the above, they are:-

where an officer of the Commissioners for HM Revenue & Customs decides that the person who made the claim had a ‘reasonable excuse’ for not having a NINO or being able to provide evidence to allow one to be issued, or
where any person who is included on a claim is subject to immigration control and falls within the meaning set out in section 115(9)(a) of the Immigration and Asylum Act 1999 (see below) and to whom a NINO has not been allocated.

[Timber0613]

Thanks for your reply. We have explained the situation to them and emphasised that she cannot get a NINO and they still said she will be getting an a letter in order to get one, and we ask about the immigration control as I cannot remember if I ticked it or not but they said it wouldnt matter if I did tick the immigration control as she still would need to apply for a NINO. So in our case I guess I am no longer eligible for CT anymore

[Amber]

You need to get a decision in writing and appeal it. Also show them the guidance as per the link above. Go to your local CAB and they can help you with the case.