Child Tax Credit/no recourse to public fund

[Kamal123x]

Hi,

I am a British Citizen and my husband is a Moroccan National who is currently in the UK on a Spouse D- Visa. It states on his passport NO RECOURSE TO PUBLIC FUNDS. It is due to renew in July 2017.

My husband is currently unemployed and I am a Full-time carer and am employed on a zero hour contract where I work just once a week. We have two children who were born in the UK.

When my husband came to the UK, we made a successful claim for Child benefit under my name and Child Tax Credits as a joint claim. (We sent our original passports when we made the claim and therefore they know my husband's immigration status)

We have recently been to see a legal aid lawyer to check a few things for his visa renewal and was told that we shouldn't have been receiving Child Tax Credits as it is not permitted (due to the fact his visa states no recourse to public funds) and that we have now jeopardised his renewal. We then made some phone calls to other lawyers to clarify this and they also said that we were not meant to be claiming child tax credits and that we risk refusal. We were under the impression that we could claim them as I am a British national and also there are some conventions between Morocco and the UK. Please could you advise us what we should do? Can we stop the claim and repay the money?

Please could you also advise us if I can claim anything for myself and the children that would not infringe my husband's visa?

We are very confused as have received conflicting advice and what seems black and white on the .gov website doesn't seem to appear to be in the view of the lawyers.

Many Thanks for your time.

Best,

Kamy

[Casa]

Relax. You've been given poor advice from the 'lawyer'. I wonder whether perhaps they don't specialise in UK immigration law. You have claimed correctly. Child benefit in your name only and tax credits in joint names. This won't affect your husband's future visa applications.
If you make a claim for housing benefit you should inform the benefits office that your husband has no recourse to Public funds and if awarded a payment this would be calculated as a single person with two children. In actual fact, as you have children this would amount to the same allowance as a couple.

[qip]

tax credits in joint names. This won't affect your husband's future visa applications.

any chance to proove this statement please. Im in same situation ( Im british, wife - no recourse to public funds.) Child Benefit in my name. but they ask to fill out tax credit form in joint names,because we are married. (Child Tax Credit)
p.s. shes on FLR M 2-nd visa

[Casa]

There are numerous links and references throughout the forum, but see this link below:
http://revenuebenefits.org.uk/tax-credi ... can-claim/

Exception for couples
Where one member of a couple is subject to immigration control and the other is not, or comes within one of the exceptions above, a joint claim can be made and both claimants will be treated as though neither is subject to immigration control. However, the second adult element of WTC will generally not be awarded.

Tax credits must be claimed in JOINT NAMES.

[qip]

There are numerous links and references throughout the forum, but see this link below:
http://revenuebenefits.org.uk/tax-credi ... can-claim/

Exception for couples
Where one member of a couple is subject to immigration control and the other is not, or comes within one of the exceptions above, a joint claim can be made and both claimants will be treated as though neither is subject to immigration control. However, the second adult element of WTC will generally not be awarded.

Tax credits must be claimed in JOINT NAMES.

Thank you,appreciate this!!!