WORKING TAX credit and ILR

kashiff · Post by **kashiff** » Wed Dec 03, 2008 2:25 pm

hi every one!

my situation is i am on a 2 year spouse visa and my wife is british citizen!
we also have a 2 year old british baby?
i am going to apply ilr in next feb!
i am working last 20 months but my wife not because of baby!
my question is that i am receiving working tex credit (joint names wife and me) but working tex credit checks come on my name so i want to know is this ok for my immigration status or i have to stop?
thanks for ur time

and one more thing i have only 3 months left to apply ILR so please i need ur advice now.
waiting for your reply
thanks again

hamid84 · Post by **hamid84** » Wed Dec 03, 2008 7:08 pm

According to my best knowledge, you can not apply for any public funds for some certain time e,g 2 years on spouse visa.

Check you visa condition on passport to make sure.

kashiff · Post by **kashiff** » Wed Dec 03, 2008 9:55 pm

thanks hamid84
any other advice for me plz?

Post by **batleykhan** » Wed Dec 03, 2008 11:33 pm

WTC is defined as a public fund and therefore your are not entitled to claim it untill such a time that you are garanted ILR.

It would have been ok if your wife was working and she was claiming it rather than yourself.

By you claiming it, the HO might turn around and say that you can not support yourself and family without recourse to public funds.

Post by **John** » Thu Dec 04, 2008 9:21 am

I have moved this topic to the Claiming Benefits section. I am not minded to repeat the technical arguments now, they are well explained in this section of the Board, but kashiff, it is totally OK for you to claim Tax Credits, in your circumstances.

Also, you don't mention Child Benefit, but it is also OK to claim that.

kashiff · Post by **kashiff** » Thu Dec 04, 2008 12:30 pm

thanks every body!

yes john child benifet and child tax credit is only on my wife's name.

so john shall i continue working tax credit or stop for 3 months?

coz i am going to apply ILR after 3 months

thanks again

Post by **John** » Thu Dec 04, 2008 1:16 pm

child benifit and child tax credit is only on my wife's name.

so john shall i continue working tax credit or stop for 3 months?

Sorry that does not make sense. The child tax credit and the working tax credit claims would have been made together ..... and would be in joint names. Please confirm.

I am not talking here about who actually receives the money. I am asking about who is making the Tax Credits claim, and the Tax Credits claim in respect of a couple needs to be in joint names.

kashiff · Post by **kashiff** » Thu Dec 04, 2008 2:38 pm

thanks again john!

sorry you r right money comes on my wife's name.

yes we claimed workin tax credit and child tax credit and child benefit jointly.

Post by **John** » Thu Dec 04, 2008 3:04 pm

That is great. Just to reiterate, absolutely no problem your wife claiming the Child Benefit, nor the two of you jointly claiming Tax Credits.

kashiff · Post by **kashiff** » Thu Dec 04, 2008 3:15 pm

hi john!

so john in application form (for ilr) shall i mention that i am claming tax credit?
and also my accountan adviced my to return working tax credit checks to HM revenue because it could affact my application! so i returned last two chacks to HM revenue address!

Post by **John** » Thu Dec 04, 2008 3:28 pm

my accountan adviced my to return working tax credit checks to HM revenue because it could affact my application!

Hmm ... not impressed. You might like to refer your Accountant to reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by para 6B of the Immigration Rules. You might also like to point out that all this is covered in the Tax Credits Technical Manual, that your Accountant can access on the HMRC website.

so john in application form (for ilr) shall i mention that i am claming tax credit?

It is a very reasonable question to ask but I have great difficulty knowing how to answer. I think it does not matter how you answer; it will not make any difference.

The problem is that whilst Tax Credits are within the definition of Public Funds, as in para 6 of the Immigration Rules, as mentioned above para 6B applies, and that starts by saying :-

A person shall not be regarded as having recourse to public funds if ........

-: so for you, you are not having recourse to Public Funds.

As said above, it does not matter how that question is answered, you have an entitlement to claim.

kashiff · Post by **kashiff** » Thu Dec 04, 2008 9:13 pm

thanks john for ur time and great help!

i have only one more question that shall i keep returning all future checks

as well?

Post by **John** » Fri Dec 05, 2008 9:49 am

i have only one more question that shall i keep returning all future checks

as well?

Why are you returning anything? Don't understand

kashiff · Post by **kashiff** » Mon Mar 02, 2009 9:58 am

i got ILR this friday!

they did not ask anything about working and child tax credit.

thanks john and everybody.

Post by **John** » Mon Mar 02, 2009 10:13 am

i got ILR this friday!

Congratulations!

they did not ask anything about working and child tax credit.

Of course not, you have an entitlement to claim those benefits.

hamid84 · Post by **hamid84** » Fri Mar 06, 2009 4:17 pm

I applied for WTC and CTC last week but they have sent me form asking me to fill in about the income i had in the past 2 years..

I told them i was on NASS.. The guy did not know what it was and asked me to explain more lol...

Anyways, lets see what happens next.

mcbonio · Post by **mcbonio** » Wed Apr 08, 2009 9:23 am

Morning all,
I was hoping I could get some help here about claiming tax credits, I'm british and my wife is south american. She has been here since may 2007, and we have a son together who is british.

I work fultime and we are trying to claim family tax credits, they insist we are not entitled to claim, and won't give a real reason why. She has a national insurance number and now holds a residence visa, not a spouse visa.

Any ideas guys?

Mcbonio

ILR -Man · Post by **ILR -Man** » Wed Apr 08, 2009 12:59 pm

[quote="mcbonio"]Morning all,
I was hoping I could get some help here about claiming tax credits, I'm british and my wife is south american. She has been here since may 2007, and we have a son together who is british.

I work fultime and we are trying to claim family tax credits, they insist we are not entitled to claim, and won't give a real reason why. She has a national insurance number and now holds a residence visa, not a spouse visa.

Any ideas guys?

Mcbonio[/quote]

You are British so it is your entitlement.

jelly24 · Post by **jelly24** » Fri Apr 10, 2009 2:05 am

Thank you for your great advice.
maison de credit

justwonderin · Post by **justwonderin** » Fri Feb 11, 2011 3:14 pm

Hi everyone

Im Turkish and my wife is english. I m on 2 years spouse visa and I have no recourse to public funds on my visa .

my wife and I work full time.

my question is clear. if my wife receives working tax credit, is it gonna affect my Ilr application later?

I know this subject is discussed before but many laws changed recently and just wana make sure its ok.

it seems like john is the master of this subject and I would appreciate if he replies too. thanks a lot

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WORKING TAX credit and ILR

WORKING TAX credit and ILR

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