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Claiming working tax creit

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Yorik
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Posts: 3
Joined: Mon Sep 19, 2016 2:50 pm

Claiming working tax creit

Post by Yorik » Mon Sep 19, 2016 3:01 pm

Hi I am a British citizen and my two children our both British with British passports. My wife is Indonesian on a IDl visa with no recourse to public funds .

My question is if we apply for for working tax credit will it be granted as my wife's visa states no recourse to public funds. But I will be claiming the benefit and not her? I'm worried it will effect her visa and she will be unable to stay here if we apply for it?

I am currently claiming child benefit for my two children .

Any help is much appreciated on this matter.

I've filled the forms out but have not yet posted them due to being very unsure if it's worth doing as it may cause problems for my wife.


Any questions please ask me.


Thanks

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Claiming working tax creit

Post by Casa » Mon Sep 19, 2016 4:58 pm

As strange as it may seem, your wife's future visa application won't be affected if you claim WTC & CTC in JOINT NAMES.

Child benefit in your name only.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Yorik
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Posts: 3
Joined: Mon Sep 19, 2016 2:50 pm

Re: Claiming working tax creit

Post by Yorik » Mon Sep 19, 2016 5:34 pm

Thankyou for your advice. I will send off tomorrow. Many thanks

Yorik
Newly Registered
Posts: 3
Joined: Mon Sep 19, 2016 2:50 pm

Re: Claiming working tax creit

Post by Yorik » Mon Sep 19, 2016 5:37 pm

You do understand that my wife is already living in uk on the said visa? And we have been here only 2 half months, well her not me .

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Claiming working tax creit

Post by Casa » Mon Sep 19, 2016 5:53 pm

Yorik wrote:You do understand that my wife is already living in uk on the said visa? And we have been here only 2 half months, well her not me .
It makes no difference to how you claim tax credits. Always in joint names. I can assure you of that 100%, it's a common question on the forum.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Petaltop
Senior Member
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Joined: Mon Jan 13, 2014 12:42 pm

Re: Claiming working tax creit

Post by Petaltop » Thu Sep 29, 2016 1:06 pm

Yorik wrote:You do understand that my wife is already living in uk on the said visa? And we have been here only 2 half months, well her not me .
As said, your Tax Credit claim must be in both names as you are not allowed to claim you are single whern you are not.: that would be benefit fraud. Your child benefit claim must be in your name only as that has different rules.

They use her salary too to calculate your claim, but you can't take the second adult elelent of WTC for her as she can't have public funds.

However, as you had to show earnings of at least 18.6 to sponsor your wife to the UK, that will most likely be be too much for WTC anyway, depending on what you earned last tax year, childcare to pay for etc. The 18.6 needed to sponsor someone to the UK, was set just above the poverty/benefit rate for couples.

The poverty cap for Child Tax Credits is higher, something like 31k for cap for two children. From April 2017 the rules change and part of that is that they will only pay for two children for new claimants, or those already claiaming and having another child after that date.

Be aware that Tax Credits is one of the income based welfare payments being replaced under the welfare reforms by the one welfare payment, Universal Credit. You might be in an area where UC is already in, but they will let you know that when you claim.

The rules for UC are different/tougher and from next year, exisiting claimints will start to be moved onto it too.

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