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Child Benifit and Tax credit! FLR (M) HELP!!!

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

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Fida123
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Posts: 34
Joined: Sun Nov 20, 2016 12:22 pm

Child Benifit and Tax credit! FLR (M) HELP!!!

Post by Fida123 » Sat Feb 04, 2017 12:01 am

Dear Admin and members,

I am on ILR visa and my wife is still on Tier 1 dependant and I have plan to apply FLR(M) visa for her in May,2017. My daughter British passport application already submitted.
Now my question is I want to apply child befinit also someone told me that I can apply for tax credit as well before April(End of financial year) for 2015-2016 financial year. I am wondering if this could effect my wife FLR (M) visa by any mean? What I know child befinit doesn't affect anything but now sure about tax credit.
To full fill financial requirements for my wife FLR(M) I am showing my income from on own company as well as my wife employed for last 5 momths so waiting her to complete 6 months so we can get her 6 payslips.

Please do help me if I be ok 100% to apply for tax credit and child benefits as I dont want to do anything wrong which create problem for my wife visa.

Your help would be really appreciated!!!

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Casa
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United Kingdom

Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by Casa » Sat Feb 04, 2017 9:31 am

There won't be a problem as long as you claim WTC & CTC in JOINT names and Child Benefit in YOUR NAME ONLY.

Also be aware that from May, A2 level English will be required for FLR(M).
(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.

Fida123
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Posts: 34
Joined: Sun Nov 20, 2016 12:22 pm

Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by Fida123 » Sun Feb 05, 2017 1:23 am

Thanks you for your reply. Well my wife only been working for last 5 month and I will claim tax credit for financial year 2015/2016. So my understanding is it would be on my name thou? Please advise!!?

JamesBlack
Junior Member
Posts: 97
Joined: Sat Jul 04, 2015 2:21 pm

Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by JamesBlack » Sun Feb 05, 2017 2:31 pm

Hi , I am in the same situation exactly as yours 100%.
to apply is your visa current leave is TIER1 Entrepreneur dependant? and you showing income from your own company as a director salary or dividends? please explain about your income as its not straight forward 6 pay slips.

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CR001
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Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by CR001 » Mon Feb 06, 2017 8:17 am

Fida123 wrote:Thanks you for your reply. Well my wife only been working for last 5 month and I will claim tax credit for financial year 2015/2016. So my understanding is it would be on my name thou? Please advise!!?
Child tax credits MUST be claimed in JOINT names with your spouse. If you do not claim in this way it is benefit fraud as you are NOT a single parent.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Fida123
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Posts: 34
Joined: Sun Nov 20, 2016 12:22 pm

Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by Fida123 » Mon Feb 06, 2017 6:37 pm

CR001 wrote:
Fida123 wrote:Thanks you for your reply. Well my wife only been working for last 5 month and I will claim tax credit for financial year 2015/2016. So my understanding is it would be on my name thou? Please advise!!?
Child tax credits MUST be claimed in JOINT names with your spouse. If you do not claim in this way it is benefit fraud as you are NOT a single parent.
Thanks for your quick response. So I can claim WTC and CTC and it will not effect on my income to show financial requirements for FLR M?
Thank

Fida123
Newbie
Posts: 34
Joined: Sun Nov 20, 2016 12:22 pm

Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by Fida123 » Mon Feb 06, 2017 6:40 pm

JamesBlack wrote:Hi , I am in the same situation exactly as yours 100%.
to apply is your visa current leave is TIER1 Entrepreneur dependant? and you showing income from your own company as a director salary or dividends? please explain about your income as its not straight forward 6 pay slips.
Well I been a self employed for last 4 years as a director of a limited company. I withdraw salary and dividends every month from my own company account to personal account. And to complete financial requirements for my spouse I will show my salary and my wife salary and my wife been employed for last 5 months and get salary in bank and get payslips as well.

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CR001
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Location: London
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South Africa

Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by CR001 » Mon Feb 06, 2017 7:09 pm

Fida123 wrote:
CR001 wrote:
Fida123 wrote:Thanks you for your reply. Well my wife only been working for last 5 month and I will claim tax credit for financial year 2015/2016. So my understanding is it would be on my name thou? Please advise!!?
Child tax credits MUST be claimed in JOINT names with your spouse. If you do not claim in this way it is benefit fraud as you are NOT a single parent.
Thanks for your quick response. So I can claim WTC and CTC and it will not effect on my income to show financial requirements for FLR M?
Thank
Tax credits has nothing to do with showing you meet the income requirement, you cannot use it to prove the income. As long as you claim in joint names, no issue.

If you meet the financial requirement on your own, you don't need to show proof of wife's income.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

paru.org
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Joined: Mon Dec 29, 2014 11:15 am
India

Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by paru.org » Mon Feb 06, 2017 8:42 pm

james is right, its not as straight forward,just 6 pay slips are not enough>>

as per below rules u need lot of docs:
if u urself also taking salary from ur own company and combining both of ur income for threshold then, this applies to you::: as u are director of limited company,In respect of income from employment in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
(a) The specified type of limited company is one in which:
(i) the person is a director of the company (or another company within the same group); and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.
(b) All of the following must be provided:
(i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.
(ii) Evidence of registration with the Registrar of Companies at Companies House.
(iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year.
(iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants.
(v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600.
(vi) A current Appointment Report from Companies House.
(vii) One of the following documents must also be provided:
(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.
(2) Proof of ownership or lease of business premises.
(3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.
(c) Where the person is listed as a director of the company and receives a salary from the company, all of the following documents must also be provided:
(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600.
(ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director was paid into an account in the name of the person or in the name of the person and their partner jointly.
(d) Where the person receives dividends from the company, all of the following documents must also be provided:
(i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount and tax credit.
(ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly.
(e) For the purposes of paragraph 19(a), evidence of ongoing employment as a director of the company or of ongoing receipt of dividend income from the company must be provided. This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary as a director of the company (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company.
Etc…etc… at : Immigration Rules Appendix FM-SE: family members specified evidence : https://www.gov.uk/.../immigration-rules-appendix-fm-se...

Immigration Rules Appendix FM-SE: family members specified evidence - Immigration Rules - Guidance - GOV.UK
A collection of the current Immigration Rules.
gov.uk
JamesBlack wrote:Hi , I am in the same situation exactly as yours 100%.
to apply is your visa current leave is TIER1 Entrepreneur dependant? and you showing income from your own company as a director salary or dividends? please explain about your income as its not straight forward 6 pay slips.

JamesBlack
Junior Member
Posts: 97
Joined: Sat Jul 04, 2015 2:21 pm

Re: Child Benifit and Tax credit! FLR (M) HELP!!!

Post by JamesBlack » Tue Feb 07, 2017 2:46 am

Thanks Paru.org
Yes Appendix FMSE. should be read very carefuly

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