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by John
Fri Jan 03, 2014 7:33 am
Forum: Claiming Benefits
Topic: Claming working tax credits
Replies: 15
Views: 544
United Kingdom

Re: Claming working tax credits

I concur with Amber_, your friend simply does not understand the technical legislation in play here. No problem with Tax Credits being claimed in your circumstances.
by John
Thu Jan 02, 2014 8:50 pm
Forum: Claiming Benefits
Topic: Claming working tax credits
Replies: 15
Views: 544
United Kingdom

Re: Claming working tax credits

Never confuse the terms "benefits" and "Public Funds". Not all benefits are within the definition of Public Funds, and for you in your circumstances, Tax Credits, either or both, Child Tax Credit and Working Tax Credit, are not within the definition of Public Funds. So no problem...
by John
Thu Jan 02, 2014 8:17 pm
Forum: Claiming Benefits
Topic: Claming working tax credits
Replies: 15
Views: 544
United Kingdom

Re: Claming working tax credits

My question is now taking WTC are ok or its any wrong affect on my wife ILR appliction in April 2014? Because i am not working my wife is working and she is subject to immigration control (I am not). It makes no difference whatsoever who, out of the joint claimants for Tax Credits, is actually work...
by John
Wed Jan 01, 2014 6:28 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Can I work while my visa is still pending??
Replies: 9
Views: 6631
United Kingdom

Re: Can I work while my visa is still pending??

Further to that posted by abdulkhan881, Section 3C only applies if the new visa application was made prior to the expiry of the old visa. So please confirm that was actually the case, that is, you did indeed apply for your new visa before the old one expired? If Section 3C is in play then your old v...
by John
Tue Dec 31, 2013 7:58 pm
Forum: Claiming Benefits
Topic: Benefits : affecting ILR? Read before starting new topic.
Replies: 275
Views: 298706
United Kingdom

Re: Benefits : affecting ILR? Read before starting new topic

beckz121, your post confirms to me that para 6A of the Immigration Rules is in play for you, and thus for that technical reason, for you, the HB and CTB you are receiving is not within the definition of Public Funds. We was claiming tax credits before but before i found this site was advised to stop...
by John
Tue Dec 31, 2013 6:46 pm
Forum: Claiming Benefits
Topic: Benefits : affecting ILR? Read before starting new topic.
Replies: 275
Views: 298706
United Kingdom

Re: Benefits : affecting ILR? Read before starting new topic

But here of course nothing like £112.55 for the couple is actually being paid, in view of the income being generated by the visa holder.

If the £112.55 was actually being paid, because the visa holder was earning nothing or a low amount, then that would be a problem.
by John
Tue Dec 31, 2013 5:47 pm
Forum: Claiming Benefits
Topic: Benefits : affecting ILR? Read before starting new topic.
Replies: 275
Views: 298706
United Kingdom

Re: Benefits : affecting ILR? Read before starting new topic

What is in play here, potentially, is para 6A of the Immigration Rules. This does not stop the claim for HB and CTB, but it does have something to say about the person with the time-restricted visa, with the "No Recouse to Public Funds" restriction, causing more such benefit to be payable ...
by John
Mon Dec 30, 2013 8:37 pm
Forum: British Citizenship
Topic: child british registration
Replies: 2
Views: 137
United Kingdom

Re: child british registration

As the child is 11 years old, they were clearly born before 01.07.2006. Have a read of this UKBA webpage, which gives useful information relevant to your question.

Is the father named on the child's birth certificate?
by John
Mon Dec 30, 2013 4:41 pm
Forum: Claiming Benefits
Topic: Benefits : affecting ILR? Read before starting new topic.
Replies: 275
Views: 298706
United Kingdom

Re: Benefits : affecting ILR? Read before starting new topic

beckz121, before I reply fully, please confirm that your partner's income is being taken into account in the calculation of how much HB and CTB you receive.

Also, roughly how much gross income, before deductions, is your partner earning?
by John
Sun Dec 29, 2013 2:05 pm
Forum: EU Settlement Scheme
Topic: Applying in UK or from abroad - which one is better?
Replies: 4
Views: 287
United Kingdom

Re: Applying in UK or from abroad - which one is better?

Especially as you have a job to go to, I think the application should be made while the two of you are still in Uganda.

But I have no idea how long they take to process an EEA Family Permit in that country. Maybe phone the embassy and ask them?
by John
Sat Dec 28, 2013 10:57 am
Forum: British Citizenship
Topic: Naturalisation, when to apply-immigration time restrictions
Replies: 6
Views: 992
United Kingdom

Let's just summarise what we are talking about here. The instructions to UKBA staff looking at Naturalisation applications say :- 7.5 Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if: g. consideration of an application for indefinite leave to ...
by John
Sat Dec 28, 2013 7:40 am
Forum: British Citizenship
Topic: Naturalisation, when to apply-immigration time restrictions
Replies: 6
Views: 992
United Kingdom

So puma you applied for ILR on 29.09.12 and it was granted on 30.04.13. Were you in any way to blame for that delay? For example, did they raise any queries and you took a long time to reply? If the answer to that is "no", then have a look at this UKBA staff guidance , and in particular re...
by John
Sat Dec 28, 2013 7:16 am
Forum: Claiming Benefits
Topic: Can I apply for Child benefit for my SON?
Replies: 13
Views: 2210
United Kingdom

Using your numbering :- Correct You need to appreciate that the term "Public Funds" is specially defined, and actually varies dependent upon circumstances. In view of para 6B of the Immigration Rules, for you the term "Public Funds" does not include the benefits you are talking a...
by John
Sat Dec 28, 2013 6:46 am
Forum: General UK Immigration forum
Topic: Can i be refused entry clearance to the UK from South Africa
Replies: 8
Views: 564
United Kingdom

Its just my complications that pose a problem.
Especially if your application included evidence of your wife coming to SA to meet you, I would be surprised if your application for an EEA Family Permit was rejected.
by John
Fri Dec 27, 2013 5:25 pm
Forum: Indefinite Leave to Remain
Topic: ILR + FLR + MN1
Replies: 15
Views: 723
United Kingdom

When is your wife's two years up? Also, do you need to apply for your ILR next March? Or could you wait until your wife has met the two-year condition?
by John
Fri Dec 27, 2013 5:19 pm
Forum: General UK Immigration forum
Topic: Can i be refused entry clearance to the UK from South Africa
Replies: 8
Views: 564
United Kingdom

zubairbana, your Finnish wife, how is she exercising Treaty Rights in the UK? Employed? Self-employed? A Student? Or Self-sufficient?

Also when did the two of you last actually meet ... in person?
by John
Fri Dec 27, 2013 4:45 pm
Forum: British Citizenship
Topic: Form AN question 6.7 - absence 92 days in final year
Replies: 2
Views: 304
United Kingdom

Given you are over 90 days, I think your proposed action is fine. That is, I do not think you should just ignore the standard requirement.
by John
Wed Dec 25, 2013 7:23 am
Forum: Claiming Benefits
Topic: Can I apply for Child benefit for my SON?
Replies: 13
Views: 2210
United Kingdom

After you have got your ILR, no problem those benefit claims being made.

Also, given your daughter was born in the UK, you can make an application for her to be Registered as a British Citizen, under section 1(3), an entitlement application, no UKBA discretion involved.
by John
Sun Dec 22, 2013 12:38 pm
Forum: Immigration for family members
Topic: children of spouse of British citizen
Replies: 8
Views: 719
United Kingdom

If you look at this webpage you will see that :-
The UK does not recognise the effects of an adoption order made in Pakistan .......
-: and thus Pakistani adoptions would simply be ignored when considering the visa applications.
by John
Sun Dec 22, 2013 8:04 am
Forum: Immigration for family members
Topic: children of spouse of British citizen
Replies: 8
Views: 719
United Kingdom

Have you legally adopted the children? If yes, in which country were those Court Orders made? I suspect that you have not legally adopted them. Accordingly when their Child Settlement visas are granted, they will get the same length of visa as their mother's spouse visa. By the way, when the childre...
by John
Sat Dec 21, 2013 7:29 am
Forum: Immigration for family members
Topic: children of spouse of British citizen
Replies: 8
Views: 719
United Kingdom

A form VAF 4A will need to be completed in respect of each person, so three forms needed. As regards the forms for each of the children, your wife should complete them as if she was that child, the only exception being the fact that she should sign such form with her normal signature. The biological...
by John
Fri Dec 20, 2013 1:44 pm
Forum: Europe immigration forum
Topic: Travel to Schengen, without visa, for EEA-family members
Replies: 362
Views: 276236
United Kingdom

happy321. asked many many times before, the answer is clearly "yes"!
by John
Tue Dec 17, 2013 1:42 pm
Forum: British Citizenship
Topic: Naturalization 15 months after an ILR application
Replies: 45
Views: 5823
United Kingdom

I really do wish UKBA would properly train their staff, and teach them to read the instructions to their staff.
by John
Mon Dec 16, 2013 10:30 am
Forum: British Citizenship
Topic: Next step as to naturalisation
Replies: 1
Views: 2011
United Kingdom

Given that you have provided a link to the UKBA requirements for a application for Naturalisation of a spouse of a British Citizen, what part of that UKBA information are you not understanding?
by John
Mon Dec 16, 2013 9:51 am
Forum: Europe immigration forum
Topic: Travel to Schengen, without visa, for EEA-family members
Replies: 362
Views: 276236
United Kingdom

Then 2004/38/EC does not apply for us? The issue is this. Your wife has a visa issued by the UK Government. She does not have a Residence Card or anything issued under EU regulations. Accordingly she is not entitled to travel into "Schengenland" without getting a Schengen visa. Not your c...