Husband Refugee Wife on Spouse Visa. Can we claim tax credits?

[mtwtfss]

Hi all,

Could you guys please help me as I could not find any information regarding refugee status on the public fund guidance.

My husband is currently holding refugee status visa I am holding spouse visa.

Could we apply tax credits in joint names?

Thanks.

[mtwtfss]

According to Immigartion and Asylum Act 1999 section 115(9):

“A person subject to immigration control” means a person who is not a national of an EEA State and who—
(a)requires leave to enter or remain in the United Kingdom but does not have it;
(b)has leave to enter or remain in the United Kingdom which is subject to a condition that he does not have recourse to public funds;
(c)has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking; or
(d)has leave to enter or remain in the United Kingdom only as a result of paragraph 17 of Schedule 4.

Can I conclude that refugee is not subject to immigration control?

Can anyone help?

Many thanks.

[vinny]

I think we may conclude that "a person subject to immigration control", listed in 115(9), is excluded from claiming benefits under 115(3).

A person with refugee status has limited leave to remain under paragraph 335.

Does his leave include a condition "no recourse to public funds"?

I think
If 115(9)(b) is true, then he may not claim.
If 115(9) is false, then he may claim.

If he may claim tax credits, then you should jointly claim.

[mtwtfss]

Hi Vinny,

Thanks for the reply.

Yes he can recourse to public fund.

[mtwtfss]

Hi Vinny,

His visa does not include "no recourse to public fund" condition.

[vinny]

Then I think he may claim.

[mtwtfss]

Thanks Vinny