Working tax credits and child tax credits. Pls help me...

understand..


My husband has been in the UK since 2003. He was here on a four year student visa, last year in October we got married and he changed to a spouse visa (I am British), we are now expecting our first child. I am a housewife and my husband works and support me financially. I checked online and I am entitled to child tax credits and because my husbands wage is below the yearly threshold which is 15575 - I think, can we also claim working tax credits without affecting my husbands ILR? I know we have to make a claim as a joint couple, but won't it be as though my husband is claiming the working tax seen as though he is the one that is working and I am not? The main thing I want to know is will it affect his ILR?

I am really confused I have been searching and searching but I can't find a definite answer. Any links/sources would be appreciated. Many many thanks.

There are many posts asking similar questions:

http://www.immigrationboards.com/viewtopic.php?t=27649

http://www.immigrationboards.com/viewtopic.php?t=26916

http://www.immigrationboards.com/viewtopic.php?t=23953

Follow Vinny's links for government policy.

Thanks for the reply Sakura.

It's just that I'm still confused, my husband works and I don't (I am British, he is not), the cases you have pointed out are the British spouse working, in my case I am not working but my husband is and we will be claiming the WTC because my husband is earning less than the threshold. It's confusing.

Hope someone can help.

Many thanks.

I could be wrong, but I don't think it really matters who is employed since the application must be made jointly and the claim is assessed as a household, not as an individual. So, even though it is your husband working, they will assess it as a joint claim, not that *he* is making the claim. Hopefully John will be along to answer with certainty, he's the master at this topic!

Also, once you have the baby, do not forget that you (not your husband) can put in a claim for Child Benefit!

Any input John? Thanks.

here's a quick way to find this out... ask your hubby to read the letter at the back of his approved spouse visa.... the one that tells you explicitly which benefits you can and SHOULD NOT claim!

if he didn't get this letter, he can call them up for it.

k

Fuscia wrote:understand..


My husband has been in the UK since 2003. He was here on a four year student visa, last year in October we got married and he changed to a spouse visa (I am British), we are now expecting our first child. I am a housewife and my husband works and support me financially. I checked online and I am entitled to child tax credits and because my husbands wage is below the yearly threshold which is 15575 - I think, can we also claim working tax credits without affecting my husbands ILR? I know we have to make a claim as a joint couple, but won't it be as though my husband is claiming the working tax seen as though he is the one that is working and I am not? The main thing I want to know is will it affect his ILR?

I am really confused I have been searching and searching but I can't find a definite answer. Any links/sources would be appreciated. Many many thanks.

As far as I'm aware, you can apply for child tax credits & chuld benefit but you cannot apply for working tax credit. Reason being that the person making the working tax credit claim must be in employment of @ least 16 hours & 30 hours if they're 25 & over seeing as you clearly aren't working, then u cant because the working tax credit must be applied for by the person who is working (it goes on top of your salary & is paid with your salary if that hasnt changed). This is what we've been told when assisting such couples.

Working Tax Credit is paid to the person who is working 16 hours or more a week. Couples, if both of you are working 16 hours or more a week, must choose which one of you will receive it. You cannot receive Working Tax Credit if you are not working.

http://www.taxcredits.inlandrevenue.gov ... edits.aspx

Thanks for your replies. When i fill in the form online it asks whether you or partner are subject to immigration control, i filled it all in and it say that i am entitled. And the whole thing about it being a joint claim. It's so confusing. I seen a similar case on another forum and the woman successfully claimed without affecting her husbadns ilr. So still confused. Thanks for your help anyway!!

Thandia wrote: As far as I'm aware, you can apply for child tax credits & chuld benefit but you cannot apply for working tax credit. Reason being that the person making the working tax credit claim must be in employment of @ least 16 hours & 30 hours if they're 25 & over seeing as you clearly aren't working, then u cant because the working tax credit must be applied for by the person who is working (it goes on top of your salary & is paid with your salary if that hasnt changed). This is what we've been told when assisting such couples.

Working Tax Credit is paid to the person who is working 16 hours or more a week. Couples, if both of you are working 16 hours or more a week, must choose which one of you will receive it. You cannot receive Working Tax Credit if you are not working.

http://www.taxcredits.inlandrevenue.gov ... edits.aspx

Sorry thought I would, a JOINT claim is being made and

in view of reg 3(2), Tax Credits (Immigration) Regulations 2003, for Tax Credits purposes only, both of the couple are treated as not subject to Immigration Control. Technically, even though Tax Credits is within the definition of Public Funds as defined in rule 6 of the Immigration Rules, in respect of this, as a couple one British spouse(myself) and one non-British (my husband), because of rule 6B, Tax Credits are not within the definition of Public Funds as stated in rule 6B and indeed the Tax Credits (Immigration) Regulations 2003.

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Therefore, in theory, our claim for tax credits (including working tax credits) should not affect my husbands application for Indefinite Leave to Remain.

Can anyone confirm this?

For tax credit purposes,your spouse immigration control status is disregarded.The status can only be regarded if both of you are under immigration control and will not be allow CT/WTC under the recourse to public rules.

So technically it shouldnt be a problem. And when it asks for whether you have recourse to public funds it should be ok to say no as WTC a CTC are not seen as recorse to public funds.... am i rite?

Yes, I think it wouldn't be a problem to say no in your case. Also, if you are having any more troubles figuring out your taxes, I suggest you visit this sas70 group to find answers to all your questions.

hi...

i was confused by this aswell so i emailed the home office and they confirmed that it is totally okay to claim WTC.. and John also advised its okay..

It is indeed very confusing but as long as one is a UK Citizen it is disregarded.

I am britsh husband is under immigration control and is not allowed to work in the uk. I have just started working 20hours a week, I have one child. Do I qualify for working tax credits and child tax credits. As he is unable to work the 24hours you are to work to be eligible does this still apply? Thanks