Applying for indefinite leave to remain/work permit arr'ment

[robdel100]

I would be very grateful for any advice. I have looked through 'FAQ's' and other posts but cannot find the answer.

My wife is an Indian Citizen and soon will have been in the UK under the work permit arrangements for 5 years ; we are soon to apply for indefinite leave to remain. I am British.

Our concern is as follows:

We receive child tax credit for our child. When we applied the benefits agency said that this was OK because I am British. (I had pointed out that in my wives passport is stamped 'no recourse to public funds'). I informally discussed this with the Immigration enquiry bureau and they told me that this could be a problem for my wives application and it as at the 'discretion' of the case worker. Would it help if I cancelled the child tax credit before making the application for ILR?

Any help would be appreciated thank-you very much.

[vinny]

By receiving Child benefit and Tax credit, is this going to be a problem when my wife applies to extend her visa or when she applies for the ILR visa?

You do not say so but I presume you are British or otherwise settled in the UK. If not, ignore what follows.

There is absolutely no problem you, and definitely not your wife, claiming Child Benefit. As regards Tax Credits, in respect of a couple living together, the claim must be made in joint names. But even though your wife has a "No recourse to Public Funds" restriction on her visa, because of some "small print" in the Tax Credits legislation .... reg 3(2) Tax Credits (Immigration) Regulations 2003 ... it is totally OK to make such a joint claim. This is reinforced by rule 6B of the Immigration Rules.

So absolutely no need to worry about claiming CB and TC.

[robdel100]

Thank-you very much John for your speedy response; that is really helpful. I did state that I am British but you must have missed it

I have posted another request for help which occurred to me after; if you have any thoughts I would be really grateful.

Thanks again

Robert

[robdel100]

Sorry I should have thanked Vinny!