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Search found 16 matches

by saleemiqbal67
Thu May 12, 2011 10:25 pm
Forum: British Citizenship
Topic: citizenship through spouse
Replies: 6
Views: 1188

Hello people, I have a similar query. I have ILR and have been in the UK three years (which include 2 year settlement visa + 1 year with ILR) I have never left the UK. Can i apply for British Nationality or do i need to wait for more 2 years as i only received my ILR last year. Does the 3 years star...
by saleemiqbal67
Fri Feb 18, 2011 1:48 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Hello John,
Hope all is well.

We are over the moon, my wife has been granted her ILR. Its taken just under 3 weeks.

Many thanks for all your help John.

Takecare
by saleemiqbal67
Sat Jan 22, 2011 5:52 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Not quite. How about something like :- I point out that my claim for Child Benefit is covered by para 6B of the Immigration Rules, as is my joint claim for Tax Credits. In respect of Child Benefit, this is specified in para 1, Part II, Schedule, The Social Security (Immigration and Asylum) Conseque...
by saleemiqbal67
Sat Jan 22, 2011 4:41 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

John in one of your posting you say the child nationality is irrelevant (please see above) What I meant was .... irrelevant in the circumstances in play .... the father being British. John, I understand now. I am going to apply for my wife's ILR this week and the plan is to do a cover letter explai...
by saleemiqbal67
Sat Jan 22, 2011 1:13 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

John i was actually thinking of doing that, ticking both columns for the Tax Credits and applicant's column for the Child Benefit and then do a cover letter explaining Tax Credits have been claimed in joint names and Child Benefit in my wife's name which is covered by para 6B of immigration rules. J...
by saleemiqbal67
Sat Jan 22, 2011 11:14 am
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

As said before the form is badly designed, as regards the Public Funds section, and it really does not cope with the actual legislation. I can't argue with what you propose to do, but suggest that a covering letter, pointing out that the claims by your wife are covered by para 6B, and thus she &quo...
by saleemiqbal67
Fri Jan 21, 2011 10:47 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Am i right in thinking becuase my son is a British Citizen and Child Benefit is for his maintenance it is ok for my wife to claim CB or am i completely on the wrong lines. Actually your child's nationality is irrelevant, as regards what we are discussing. Look at it this way .... you are British, a...
by saleemiqbal67
Fri Jan 21, 2011 10:34 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Oh you have been digging! Yes that was me, back in 2006, and later on in that same topic you should see a correction. It took me ages to appreciate that as the UK is part of the EEA, and thus your spouse is married to an EEA Citizen ... you ... and therefore covered by the exemption. Have a look at...
by saleemiqbal67
Fri Jan 21, 2011 10:25 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Para 6B will make little sense, unless you dig down into the legislation that is mentioned, or rather track down the detailed regulations laid in accordance with that legislation. The important part to appreciate about para 6B is "a person (P) shall not be regarded as having recourse to public...
by saleemiqbal67
Fri Jan 21, 2011 10:23 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Oh you have been digging! Yes that was me, back in 2006, and later on in that same topic you should see a correction. It took me ages to appreciate that as the UK is part of the EEA, and thus your spouse is married to an EEA Citizen ... you ... and therefore covered by the exemption. Have a look at...
by saleemiqbal67
Fri Jan 21, 2011 9:51 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Para 6B will make little sense, unless you dig down into the legislation that is mentioned, or rather track down the detailed regulations laid in accordance with that legislation. The important part to appreciate about para 6B is "a person (P) shall not be regarded as having recourse to public...
by saleemiqbal67
Fri Jan 21, 2011 9:42 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Thanks John
by saleemiqbal67
Fri Jan 21, 2011 7:30 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Yes, correct. John, I have tried to understand 6B of the Immigration Rules but it went straight over my head. Didn't understand a word. I need to apply for my wife's ILR this week, can you please clarify a few things for me. 1) The working and child tax that we are claiming. Are we fully covered by...
by saleemiqbal67
Fri Jan 21, 2011 4:37 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Do you think she is in breach? No, she is not in breach. She is fully covered by para 6B of the Immigration Rules, which means that for her Child Benefit is not within the definition of Public Funds. John, This is good news as i was having sleepless nights about this. I was actually going to ring t...
by saleemiqbal67
Fri Jan 21, 2011 1:41 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Can you please advise if my wife is in breach of her visa conditions? No, can't tell you, not without knowing about you. Your nationality? British? EEA? If not, your UK-immigration status? John, I am a British Citizen, my son was born in the UK and my wife is on a 2 year settlement visa. I know i c...
by saleemiqbal67
Thu Jan 20, 2011 11:31 pm
Forum: Claiming Benefits
Topic: Made the big mistake claimg child benefit . How could I fix?
Replies: 39
Views: 12796

Breach of Visa Conditions - By Claiming Child Benefit

Hello My wife is on a 2 year visa subject to UK immigration control meaning ‘No recourse to public funds'. For the past 11 months she has been claiming Child Benefit for our son. When she made the claim we did advise the HMRC of the following 1} She is subject to immigration control. 2) Provided d...