Exercising 10 year long residence+ child benefit entitlement

[RayJay]

I am non-EEA (Afghanistan) family member of an EU national (Czech- Wife) and have resident permit issued in Nov 2004.


Background summary-

I have been in UK since 1998. Applied asylum, got married to my wife in 2002 here in UK (She became my dependent in asylum application).
the application was refused in 2004. Luckily Czech was in EU by then and instead appealing again the refused asylum application we applied for resident permits (RP) as self employed and got 5 years RP in 2004.

now as the duration for permanent residence (PR) has increased from 4 years to 5 year, which make it 2009 for PR and 2010 for Nationality.

my question is

1- Can I exercise the 10 year rule for PR (or Indefinite Leave) which would be 2008? and save one year if possible. Which would be the better option with less complications?

Another question is

2- My wife is expecting our first baby this December . Are we entitle to claim any kind of child benefit?? Which would not make any complication in our future applications. We both are self employed on low income.

Thanks

Ray

[avjones]

Hi - no, you can't. The time you spent before the RP was not lawful, so you can't qualify under the 10 year rule. In 4 years' time, you could qualify under the 14 year rule.

However, there is another option if you are keen to get ILR quicker. You are an Afghan national, and under the case of R(S) you had a legitimate expectation which was not complied with, as the Home Office delayed your application until the end of the policy period. You could apply to the Home Office for ILR under that case, but it wouldn't be 100% guarantee.

[John]

Picking up on the benefits question, yes your wife will be able to claim Child Benefit when the child is born, and the two of you jointly will be able to claim Tax Credits.

You say that you are self-employed, and the baby to be born in December. Have you and your wife already filed your Self Assessment tax return forms in respect of the tax year to 05.04.07? If not it might assist you to do so before the baby is born, given that your earnings are taking into account when assessing the amount of the Tax Credits payable.

[RayJay]

However, there is another option if you are keen to get ILR quicker. You are an Afghan national, and under the case of R(S) you had a legitimate expectation which was not complied with, as the Home Office delayed your application until the end of the policy period. You could apply to the Home Office for ILR under that case, but it wouldn't be 100% guarantee.

Hi Jones
i would be very much interested in this option. Could please explain the case R(S), when was the policy ended or forward me to further details please.

Thanks
Ray

[RayJay]

Picking up on the benefits question, yes your wife will be able to claim Child Benefit when the child is born, and the two of you jointly will be able to claim Tax Credits.

You say that you are self-employed, and the baby to be born in December. Have you and your wife already filed your Self Assessment tax return forms in respect of the tax year to 05.04.07? If not it might assist you to do so before the baby is born, given that your earnings are taking into account when assessing the amount of the Tax Credits payable.

thanks John

The accounts are nearly ready.

what is difference between Child benefit and child Tax credit?

Ray

[John]

They are two separate benefits, and there will be an entitlement to both once the baby is born. Child Benefit is fixed per week, irrespective of income, whilst Tax Credits vary dependent upon income.

For more details go to the www.hmrc.gov.uk website. HMRC now administer both benefits.