Hi John Can you Help Please

[gogo]

Can i still be a sponsor while i am claiming benifits like working tax credit and child tax credit and working only 30 hours a week.
Will this gonna effect my hubby's VAF2.
I just need some re-assurance. Anybody with similar circumstances as me, who has been a sponsor and their partner have been granted visa

Any suggestion or advice will be helpful pleassssssssse

[Jeff Albright]

I don't think this will affect your hubby's VAF2 outcome.

You can jointly claim Child Tax and Working Tax Credit if at least one of you is "not subject to the immigration control". There was much of deliberation recently on this forum concerning the universal definition of "not subject to immigation control". However, in the Inland & Revenue's understanding it means that your are either a British Citizen, ILR or DL holder.

Your hubby will need to demonstrate that he will not himself be claiming any benefits. i.e. that he or both of you earn enough money to pay for accommodation and for living. Bank statements, pay slips, evidence of savings, contract of your employment, evidence of his prospective employment in the UK, will be accepted for this purpose.

[John]

Gogo, would I be right in thinking that you are currently living in the UK, and your husband is abroad, and thus you are currently the sole claimant of the benefits you mention? If so, no problem you acting as sponsor to your husband's 2-year spouse visa application.

However, whilst claiming benefits as such is not a problem, there is a more general matter to consider ... whether your family income (including benefits) is sufficient to ensure that your husband will not need to claim certain Public Funds? To consider that would require more knowledge of your finances and housing costs, and clearly you are not going to post such detail on a public Board like this.

Assuming the visa granted and your husband moves to the UK, as soon as he arrives you will need to notify the Tax Credits office. Why? Because you will then be part of a couple living together, and Tax Credits claims need to be made jointly by a couple living together. However, as already pointed out by Jeff, your husband is OK being one of a couple jointly claiming Tax Credits, if you are British or otherwise settled in the UK.

The other benefits you mention are single claimant benefits so will not be put into joint names.

Of course any change of family income .... such as your husband getting a job and starting to earn in the UK .... needs to be mentioned to the offices dealing with your various benefit claims.

[gogo]

John thanks for replying
Here is my l incomings and outgoings
Total incoming including work+tax credit = £265/week
Rent and council Tax = £100/week
+shopping extra
Will that be sufficient for his visa.

thanks

[blessedlady]

I don't think this will affect your hubby's VAF2 outcome.

You can jointly claim Child Tax and Working Tax Credit if at least one of you is "not subject to the immigration control". There was much of deliberation recently on this forum concerning the universal definition of "not subject to immigation control". However, in the Inland & Revenue's understanding it means that your are either a British Citizen, ILR or DL holder.

Your hubby will need to demonstrate that he will not himself be claiming any benefits. i.e. that he or both of you earn enough money to pay for accommodation and for living. Bank statements, pay slips, evidence of savings, contract of your employment, evidence of his prospective employment in the UK, will be accepted for this purpose.

I have a question regarding this subject. Correct me if I'm wrong because I' not sure if which one is correct. My husband claimed for working and tax credit , he was not qualified ( I am subject to immigration control, I overstayed) (No NI)

Claims for child and working tax credits MUST be made jointly, in the case of couple. If one member of a couple is subject to immigration control then for tax credit purposes both are treated as subject to immigration control. This is unlike other benefits which is assessed and paid individually. Is this right?

Thanks

[Jeff Albright]

Claims for child and working tax credits MUST be made jointly, in the case of couple. If one member of a couple is subject to immigration control then for tax credit purposes both are treated as subject to immigration control. This is unlike other benefits which is assessed and paid individually. Is this right?

No, this is wrong. I don't know where you got this from. My post above explains clearly this and if you read the guidance notes for the Child Tax Credit claim form, you will find the same. You can also find the definition of "public funds" and who can claim on BIA website.

[blessedlady]

Claims for child and working tax credits MUST be made jointly, in the case of couple. If one member of a couple is subject to immigration control then for tax credit purposes both are treated as subject to immigration control. This is unlike other benefits which is assessed and paid individually. Is this right?

No, this is wrong. I don't know where you got this from. My post above explains clearly this and if you read the guidance notes for the Child Tax Credit claim form, you will find the same. You can also find the definition of "public funds" and who can claim on BIA website.

Thanks.
When my husband applied for tax credits , he was refused. So, he didn't apply again. He is entitled to any other benefits but he didn't want to claim because he thought that this might affect my application (entry clearance). He cancelled all the benefit he received, housing, council . Although I know he is entitled to. Yes, child benefit only.
I wonder whether the ECO will ask me if how can we survive. My husband's net pay is 1,000 pounds (with overtime). WE have to pay the house, council tax, food ,etc. He works as a waiter, the tips he received is a great help. I also do some part time as a Carer 8 hrs a week and do some babysitting , (to pay for my fee in the Embassy, it's quite high now). How much savings does I have to show ( my husband has 1,200 pounds ) Our joint account is (500). I have my own savings (when I was still single in my maiden name which is around 2,000 pounds deposited in bank abroad) Will this be enough?
Thanks again

[VictoriaS]

John thanks for replying
Here is my l incomings and outgoings
Total incoming including work+tax credit = £265/week
Rent and council Tax = £100/week
+shopping extra
Will that be sufficient for his visa.

thanks

Do you really have no other bills? You are going to need to draw up a detailed budget, including electricy, gas, water, telephone etc, plus exact cost of food.

Victoria

[John]

No, this is wrong. I don't know where you got this from. My post above explains clearly this and if you read the guidance notes for the Child Tax Credit claim form, you will find the same. You can also find the definition of "public funds" and who can claim on BIA website.

Jeff, just spotted this. Apologies for not spotting it earlier.

I agree, it is wrong. Blessedlady has got it the wrong way round. The fact is that if a couple consist of one person not subject to immigration control .... such as British Citizen ... and one person who is subject to immigration control ..... such as a person with a time-limited visa ... then for Tax Credits purposes only they are both treated as NOT subject to immigration control. Accordingly it is totally OK for the couple to claim Tax Credits.

The legal basis for this is reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by para 6B of the Immigration Rules. Accordingly ... for this couple .... Tax Credits are not within the definition of Public Funds.

When my husband applied for tax credits , he was refused.

Don't understand! Where is your husband? I am assuming out of the UK because you are referring to the form VAF2.

So how come he is applying for Tax Credits?