SPOUSE VISA TO ILR AND TAX CREDIT OVERPAYMENT!!!!!

[khaledadda]

Hi every one
please can any one give advise

i am on 27 months spouse visa due to apply for ILR in June,

i am bit worried as my wife claimed child and working tax credit as join but under her name, we received letter from HM revenue saying that she been overpaid by £5000! as they didn't have the correct figure of my income
my wife gonna dispute the case
my concern is will it be complex if i apply for my ILR same day service?

many thanks

[Amber]

Shouldn't be an issue, you need to dispute the overpayment within 3 months. You shouldn't need to include this on the ILR application.

[khaledadda]

hi thanks for your reply, could you advise me more about my case

an you tell me if there is complex on my ILR
there is my case, am gonna go to all small details so you can give advise


first i came to UK 2003 on visitor visa, overstayed my visa, solicitor got me and my wife permission to get married in the UK in 2010 from home office, at the time because i was over stayer home office kept my passport, me and my wife had daughter born one year before we got married, 2009, after i got married seen solicitor to help me sort my immigration status the best advise he gives me to go back to my home country and apply for entry clearance as spouse of British citizen, so i called home office and requested my passport to go back home, so they ask me to go to London bridge were i can obtain it took my finger print and gives me passport to bay fly ticket and asked me to return it and i will pick it up the day i fly from airport, that wasn't problem so i did, 20 November 2010 went back home with my wife and applied for spouse visa, after 3 months visa refused , appealed from inside UK then appeal was dismissed, asked for permission to re appeal permission was refused by first tier tribunal, so sent to upper tribunal were permission to re appeal was granted , then on the appeal , my appeal was granted under immigration rules and under human right, that's all my past immigration history,


my wife been working since 2010 then 07/2013 changed job wile she was 4 weeks pregnant she wasn't entitle for maternity pay from her work recording to there policy they give her forms to sent job center to claim Statuary Maternity allowance so she was entitle for it, now her Statuary maternity allowance stopped after i fink 50 weeks or something like that she is not working she recieve working and child tax credit my name on the form but she get pay not me and she claim child benefit, would all this be problem for my ILR?


now, spouse visa was granted 04/07/2012, expire 04/10/2014 total 27 months,


i believe that i be OK applying under the old rule except need the new KOLL,


could you advise me witch document from the list best to use , so far i have this document


1- Gaz & electric bills ( join names )


2-join bank statement ( join names )


3- council tax ( join names )


4- tenancy agreement (join names )


5- rent statement ( join names )


6- my daughter nursery invoices ( join names )


7- Tv licence ( wife name )


8- payslips ( me ) till present day as am working full time but 0 hour contract as security officer


9- payslip ( wife ) from 04/2012 to 03/2013


10- P60 2012/2013 9 me and wife )


11- NI letter (me)


12- P45 ( me and wife ) from previous work


13- statuary maternity allowance letter from job center ( wife )


14- letter from HM Revenue about Tax code ( me and wife 0 letter to each of us


15-water bill ( me ) just asked water supplier to add wife name on the bill


16-child benefit letter ( wife )


17- letter from HM to me and wife working and child tax credit


18- mobile phone statement, ( me )


19- letter from SIA authority returning my document wen i applied for SIA licence ( me )


20- just moved to new home letter from my new electric supplier EDF ( me and wife names )


21- letter from my work ( me )


22- my work contract 0 hours contract


23- Life in the UK pass certificate


24- English certificate B1 LEVEL


sorry its too much to read but could you find any Complex possibly my previous immigration history or my wife claims!!

CAN YOU TELL ME IF THERE IS ANY COMPLEX ON MY APPLICATION IF I GO FOR THE SAME DAY SERVICE!!!


please advise, many thanks,

[khaledadda]

just to explain more about the over payment how did it happen,

my british wife start claiming child and working tax credit on july 2012, made join claim but inform HM revenue am not allowed to public fund, she told them at the time how many hours she work full time and how many hours i work about 40 hours a week her and 40 hours a week me,
then april 2013 she took maternity leave for one year she is due to go back to work next month,
we recieve letter from HM revenue sayin that they over pay her and she was not intitle for working tax credit 2013/2014 as are income was more the £18000 and she need to pay it all back £5000!
now my wife cant go back to work due to she is looking after are two kids droping my daughter to school and pick her up and looking after one year old baby,but she is not claiming any benifit except child benifit and child taxt credit , she was claiming working tax credit too but they stoped it this week ,
i am realy confused and worry if all this will affect my ILR in june!
i am working as security officer full time but my contract is 0 hours contract,
can any one advise please !!!!!!!!!!!

[Amber]

Go to your local CAB and ask them to assist.

[khaledadda]

didnt understand what you you try to say!

[Amber]

Citizens Advice Bureau.

[khaledadda]

Ok thanks but looking for some one who has the same case as mine to share experience, thanks for the advice