child benefit from psw1 to tier4 PhD(I need advice pls)

[spikes]

am on a psw1 and I want to go into tier4 PhD
I collected childbenefit from Dec. 2011 to July 2013 (1,705 pounds) till I notice that I am not entitled to it, the hmrc has told me to pay the money and I have also gotten a school and wishes to submit my documents for visa renewal. My partner is an asylum seeker and am under immigration control.
I dont know what to do, can someone help me please.
its augent and my visa is running out in 3 weeks time and I wishes to submit in person if chance be, I have a letter from the hmrc informing me that I am entitled to the child benefit which they later changed that I am not due to immigration control.
what difference will it make if I payback the money?
do I need a letter from a solicitor? As the hmrc has refused to give me a letter of administrative error.
thanks

[Amber]

What Country are you native? What exactly is your partner's immigration status?

[spikes]

Am a Nigerian and my partner's case is with the HO awaiting decision. They told her she will get a decision in 6 months and that she should send her passport photograph (with th MP's intervention). About 2 months ago

[Amber]

Have you made an arrangement to pay the funds back, if so, has this started? It would be difficult to see how an administrative error occurred if you ticked you were not subject to immigration control?

[spikes]

I have not made any arrangement yet. But will do so before I submit my papers.
I cannot remember if I ticked that am on immigration control or not but I do know that I gave them all the requirements to the best of my knowledge and I did not fake anything.
Thanks for your advice and I awaits your response

[Amber]

Request a copy of the original application form that you submitted and see if you ticked that you were subject to immigration control or not.

[spikes]

How can I request for it please ? And can they tell me if I did tick it ?
Thanks

[Amber]

Click here and you do not want to ask them over the phone, you want to see a copy of the application form you submitted.

[spikes]

Thanks, I will let you know ASAP. Do you know how long it takes for a response please

[Amber]

I'm afraid not.

[spikes]

Thanks

[spikes]

I sent the request yesterday but have not heard anything yet, I will call them and get back ho you soon.
thanks so much for this wonderful advice.

[spikes]

I have not heard anything from them till now, I called and the lady I spoke to sounds comfused but requested that they will call me later.
my visa will finish in two weeks and am worried. Should I pay the money and submit my paper but will go in person.
please advice me

[Amber]

Perhaps consider making a repayment structure. I doubt you could pay in time and get proof in 2 weeks. Finding out whether it was an admin error is important.

[spikes]

I can't because I have little time left. If I pay with the paying in slip sent to me, I can keep the attached stamped side for a proof and receipt.

[Amber]

Then if you are happy in paying the money back regardless of whether it was an admin error or not, then pay it and submit a cover letter with your T4 application.

[spikes]

I told a lawyer to write a representative letter for me, is that ok?, is it advisable to go in person?

[Amber]

Well, understand that if you go in person and they need to make further checks (maybe likely), the case will be put in the postal queue with no refund of the additional PEO fee.

[spikes]

they called me on the phone but I missed their call. The lady said that they don't keep records for more than 1 year, that the application form I submitted have been trashed, she also said that if I want to dispute the over payment that I should put it in writing within one month of the call.
any advice please.
A lawyer will give me a letter on Tuesday which will accompany my visa application.

[Amber]

I have requested information before for clients that is more than 12 months old. They usually scan applications into the system. You should request that the 'Lady' sends her response by writing. Moreover, if they do not have a copy, you should argue that you ticked that you were subject to immigration control and thus should not have been awarded child benefit and the alleged overpayment relates to an Administrative Error and let them prove otherwise. You should appeal a decision within one month of the overpayment decision being sent.

If you can argue an Administrative Error then:

Where the applicant provides confirmation from the awarding body that the public fund was
awarded following an administrative error, you must disregard it and not refuse the
application on this basis. You must still consider whether the applicant is able to meet any
maintenance and accommodation requirements as indicated above

If you do succeed in getting the HMRC to admit to an admin error, then:

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.

On the Child Benefit Application form CH2 one of the questions is:

Are you subject to immigration control?

If both parents ticked yes, then the award should have never been granted. You need to ask them what their system says, are you marked down as both being subject to immigration control? If yes, then you should not have been awarded Child Benefit. Perhaps your solicitor could use this argument in the letter s(he) is creating.

[spikes]

I will do that but if I don't get it sorted within 1 week what option will I go for.
Will they payback the money?
How can I make it right within the time frame.

[Amber]

Even if paid back, is it not guaranteed that a refusal is averted. However, if your solicitor can argue a genuine mistake and you've paid the money back you stand a good chance. Further advice should be sourced from your solicitor to whom you are paying to offer you advice.

[spikes]

Can I setup a payment plan while appealing the decision and the same time go to renew my visa?.

Minus the visa fee, which process is more promising? Going in person or by post

[Amber]

You may need to apply by post if your case is not straightforward. Yes making a repayment plan may be advantageous. If you apply in person and they cannot make a decision your application will go in the postal queue and you will not be refunded the additional fee.

[spikes]

Finally, I paid the money in full and applied for my visa with a letter of representation from my lawyer, receipt of payment, and other documents.
I am now waiting for their response and hopefully it will come in my favour.
Thanks for all the advice and fingers crossed.