ILR dependents - Council Benefits

[asrmba]

Dear board,

Kindly advice on below 2 immigration concern:

1. I'm a self-employed and not earning any income as of now, and my dependents arrived UK on 30th May 2012 and all the extensions are inside UK, is there any rule that I should earn minimum salary to support my dependents? I have a bank balance of £3000 to show funds from mid Nov’16.

2. 2nd Issue overview:

I got my ILR granted on April'16 and my wife and child are due to apply for ILR. Since after I got my ILR I left my full time job and started self-employment. due the fact, I had to seek benefits to support family which includes:
- Housing benefit
- Council tax rebate
- Child Benefit
- Child Tax credit
- Working Tax Credit

Now I realized that, council considered myself and my 2 immigrant dependents and issued full benefits. Though I mentioned in my application as they have 'No recourse to public funds' and called many times stating I'm doubtful that I'm getting excess benefits than I suppose to, and every time they call they says that their calculation was correct and granted necessary amount.

Finally, Today, I got a clarification when I requested for detailed investigation that they considered both of my dependents, though they have no recourse to public funds and council regulations are independent from immigration.

They issued a written letter stating below confirmation:

"I can confirm that, although your wife and child don’t have ILR, they are included in the claim, therefore you're receiving relevant additions. I can confirm that this is correct based on current DWP guidance/circulars."

Can you kindly advise, what is the best thing to do? How can I proceed to correct the caused issue? Should I refund benefit?

Second Issue,

Pls advise?

[CR001]

On what basis did you apply for ILR, 10 years long residence or 5 years PBS route?

What visa do your dependents currently hold?

[asrmba]

On 5 yrs (Tier 1 General).

[asrmba]

Dependents are on Tier1 dependent visa and due to more than 180 stay outside UK during early 2016 and visa fee reasons, I had to wait until now.

[asrmba]

Dear experts,

I booked ILR appointment for my wife and child this 13th feb and last minute, I'm struggling with confusion.

I'm a self employed and seeking Working tax credit & child tax credit On JOIN Name - wife and child are under Tier 1 (Gen) dependent and myself ILR (5yrs basis).

The question is: If the application is on Join name, will that be a breach of Immigration? as they are 'NO Recourse to public funds'. Solicitors says I shouldn't where as HMRC says I must admit on Joint name becz I live with wife/child and if one is not under immigration control, they treated both as non-immigration control.

Kindly advise, I'm under deep confusion.

Thnx

[asrmba]

Moderators... can you pls advise?

[asrmba]

any thoughts pls?

[CR001]

Jeez, have some patience. We offer our time for free and also have jobs and family commitments.

No issue for ILR if tax credits is claimed jointly.

Also please don't start a new topic with each question, it is not necessary.

[asrmba]

Thank you for your advise and apologies.

[JamesBlack]

please keep us updated once you have your decision on the 13th feb. Good Luck

[asrmba]

Sure James, I will definitely.

Just one single question, if you can. If one parent is settled in the UK and Child is still under Immigration control (born outside UK), can we claim Child benefit? As our solicitors says - Its against the immigration rule.

Can you pls advise?

[JamesBlack]

my friend who is British National and his child was born outside before UK. and child came to the UK as a dependant . still on 5 years dependant visa that child is. and he is getting child benefit . I don't see it as a problem. Child benefit is on the name of the parent and not on child's nae. child may be not entitled but father is regardless where the child is born. as per best of my knowledge.

[asrmba]

Dear Immigration Boards,

Many thanks for your valuable advise. we had our appointment booked at Liverpool premium centre on 8th March (yesterday) and the application was approved straight away without any extra information/documentation.

Your advise on Public funds while dependents are under immi.control is true. HMRC confirmed the same in writing. Caseworker didn't ask for any additional details, as we stopped all the benefits a month before due to the fact that I got full time employment and chosen 'NO' for the question - 'are you/your partner taking any benefits?'

Thanks.