Claiming child benefit when subject to immigration control

[Amber]

Dear plaistow2005'
I have exactly same problem. Can you please guide me how to resolve this. I shall be very grateful.
Thanks

[Amber]

What is your immigration status?

Do you have a partner, if so what is his/her immigration status?

What benefits are you claiming?

What is your and your partner's native Country?

[Tan11]

Dear D4109125,
Thanks for replying my thread.
My Psw was due to expired on 29/07/13. I applied for tier 2 general on 26/06/13. This application was refused due to child benefit and child tax credit claim on 11/09/13. Otherwise I have enough points for this category.
My wife applied as my dependant. I am from Pakistan.
I have right to appeal and preparing for this. How I can solve this problem.
Thanks,
Tan

[Amber]

I assume you have stopped the claim for tax credits and child benefit?

When you contacted the HMRC to make the claim, did you inform them that you and your spouse were subject to immigration control? How long have you been claiming the aforementioned benefits?

[Tan11]

I have stopped the claim immidiately. I was claiming it for around 13 months. It was a mistake. My wife got forms from the hospital with birth certificate and applied it. I didn't checked at that time. The HMRC checked our passports and visa before granting benefits and they didn't mention anything at all.

[Amber]

When you filled in the application forms did you tick that you were both subject to immigration control?

[Tan11]

I am not sure but I think that box was ticked

[Amber]

Ok, given the fact that you appeared to have received the public funds in good faith and that it appears to be an administrative error, you should write back immediately to the UKBA. Ask for a reconsideration of the case (as well as lodge an appeal) explaining that you have cancelled the claims and that you had informed the HMRC that you were both subject to immigration control and that they had made an administrative error. Moreover, you had acted in good faith with no intention to defraud the HMRC or Home Office. Furthermore, that as per page 56 of the UKBA public funds guidance (click):

If you find out an applicant has received public funds but you have confirmation this is the
result of an administrative error, or because an exception applies, you must not refuse the
application on the grounds the applicant has no recourse to public funds. If the applicant
was clearly not at fault and they received public funds in good faith, the benefit paying
department may seek repayment.

Therefore, you would like the UKBA to reconsider the case and grant the extension.

Include confirmation that the benefits have been cancelled and that you sent both your passports to the HMRC which showed your immigration status.

[Tan11]

Thanks very much indeed. I am very grateful for your advice. I'll keep you updated about the case.
Cheers,
TA

[mycanal1]

I wish to apply for long residence 10 yr ILR, but back in 2005-2007 (2 yrs),
i was misguided by hmrc that I was eligible. Now I regret the mistake and fear that my 10 yrs stay might be refused. my curent visa is till aug 14, o i will wait till the end of my visa, so that my son become 7yrs.
my question is, should i apply and wait for the result form HO. or mention it in the cover letter with application. Its 7 yrs old mistake which might haunt me but i am not sure. Should i contact hmrc to take back WTC? whould i write or email or ph. Would they admit it was their admin error? My English writing is poor, can someone give me draft /sample letter, please one for hmrc and one for HO.
does anyone know HO check back to 7 yrs?.
r there many refusal these days for similar cases e.g WTC, CTC etc with no recourse to public benefits. what r the chances of winning appeals?
any help/guidance will be appreciated.
thankyou

[Amber]

mycanal1 Please continue in your other thread