FLR (HSMP) refused.......Urgent Please guide

[sudhirkumra]

I was on WP and had leave to remail until Dec 2008. I got my HSMP approved last month and applied for FLR(HSMP). I got this refused as I was claiming CHild benifit. I was not aware of the fact that I am not entitle to. They have curtailed my existing leave to remain and expired it with immediate effect. THey have said that I can appeal and remain in the country till appeal is under the process. I have mentioned in my appeal the circumstances and stated that this was a matter of un-awareness. And this was probably over looked by Child Benifit department as well. They has asked for my child's passport to check the VISA and they should not have approved it to begin with. Does anyone of you have been through similar situation or know if some one else has? I am earning a respectable sum here working for public sector and had sent my original payslips along with my application. In my appeal I have also mentioned about my daughter who is studying here and requested them to grant as her education will be affected by this and she is in the middle of her term. I am just concerned about if my appeal how will be dealt with? Any response will be an help. Thanks

[SYH]

Not good but if you are not a single parent, then the other parent provided, it is a UK citizen could have claimed it so the result would have vbeen the same is the only argument you have in your favour
ignorance is not an excuse and will fall on deaf ears

did you already reply because it seems senseless for us to chime in if you have already done so.

I'd get a solicitor to sort it out, too much is at stake

[sudhirkumra]

No i am not single parent. I have already sent appeal in the post today as I just had 2 days left to send it. DO you rekon, it won't help?

[sudhirkumra]

Is anyone aware of how they deal the appeal like? Any reply would be highly appreciated.

[adindas]

Page 12 HSMP Guidance

68. The following are regarded as Public Funds under the Immigration Rules:
· Housing and homelessness assistance;
· Attendance allowance;
· Severe disablement allowance;
· Carer’s allowance;
. Disability living allowance;
· Income support;
· A social fund payment;
· Council tax benefit;
· Child benefit;
· Income-based jobseeker’s allowance;
· State pension credit;
· Child tax credit;
· Working tax credit; and
. Housing benefit

I am sorry to hear your rejection. But I seriously doubt that an HSMP applicant did not know about that child benefit is included in the definition of public fund. How come an HSMP person did not know what is clearly written on the guidance. People need to refer to the guidance when fill in the application form do not they ?.

I will not blame the CW too much if they are very strict about this.

I was on WP and had leave to remail until Dec 2008. I got my HSMP approved last month and applied for FLR(HSMP). I got this refused as I was claiming CHild benifit. I was not aware of the fact that I am not entitle to. They have curtailed my existing leave to remain and expired it with immediate effect. THey have said that I can appeal and remain in the country till appeal is under the process. I have mentioned in my appeal the circumstances and stated that this was a matter of un-awareness. And this was probably over looked by Child Benifit department as well. They has asked for my child's passport to check the VISA and they should not have approved it to begin with. Does anyone of you have been through similar situation or know if some one else has? I am earning a respectable sum here working for public sector and had sent my original payslips along with my application. In my appeal I have also mentioned about my daughter who is studying here and requested them to grant as her education will be affected by this and she is in the middle of her term. I am just concerned about if my appeal how will be dealt with? Any response will be an help. Thanks

[gordon]

On the chance that the HO or HMRC have made an error, check this link to evaluate whether your case was exceptional so as to allow you to claim the child benefit.
http://www.hmrc.gov.uk/taxcredits/resid ... les.htm#16

[Junior0300]

How did they find about your claim?

I assume you gave them this information yourself

[amberw]

sorry to hear about ur case. u had asked about the process of appeal. after sending the form and relevant documents to the appeal tribunal, they will send u the hearing date and venue after 2/3 weeks (depending u selected oral or paper hearing). most of the time they may change the hearing date, anyway after hearing date it will take 2-4 weeks to get the decision and then they will inform u.
this decision won't be final because they give both the parties the option to reappeal against the decision with in further 5 days..
time frame might be different. hope this will help.

[avjones]

this decision won't be final because they give both the parties the option to reappeal against the decision with in further 5 days..

Nearly - but a further application can ONLY be made on the grounds that the Immigration Judge made a material error of law, it's an application for reconsideration, rather than an appeal.

[netacct]

I am staying alone and claiming single person's council tax benifit (25% less council tax). Will my FLR application be rejected?

[kck9]

How did they find about your claim?

I assume you gave them this information yourself

did u inform them or have they (HSMP team) made some verifications.....

how they came to know about ur benefits????

[VictoriaS]

I am staying alone and claiming single person's council tax benifit (25% less council tax). Will my FLR application be rejected?

Single person's discount on Council Tax is not a public fund, so you will be okay.

Victoria

[GoodFun]

Have a look at the following:

http://www.ind.homeoffice.gov.uk/6353/1 ... cfunds.pdf

If your child or partner is an EU national then you are able to claim child benefit and it is not counted as recourse to public funds.

[pantaiema]

To some extents, I think this is quite irreleveant, as if their spouse is EU citizens there is no point to apply for HSMP. All advantages, right U have with HSMP is covered by spouse VISA. So where is the point to apply for HSMP. In the meanwhi;w once U apply for HSMP, U will need to requalify again, the rule might change in the future which is mostly to be more difficult.

Have a look at the following:

http://www.ind.homeoffice.gov.uk/6353/1 ... cfunds.pdf

If your child or partner is an EU national then you are able to claim child benefit and it is not counted as recourse to public funds.

[GoodFun]

Well it might be possible that non-EU parents have a child who is an EU national. The example would be children born in the Republic of Ireland or Northern Ireland prior to 1st January 2005, in such instances the child was by birth an Irish citizen irrespective of the nationality of the parents. However the parents cannot derive all the rights of being a family member of an EU citizen because the child is not self sufficient.

In such cases where the parents are non-EU nationals on UK visa with 'no recourse to public funds' restrictions, being related to the EU national child still allows them to claim child benefit without it be considered a recourse to public funds. However note that not all types of public funds are available in such cases too.

[tarek131]

Hello,
It is really interesting topic. I'm going to apply for HSMP (Currently on WP)
I didn't claim benifits, but I send my son to the nursery (I don't pay for it), I wonder if this can be part of public funds? (Nearly sure it is not, but seeking peace of mind)
Is there is away to check if I claimed any public founds?
I'm really feel sorry for 'GoodFun', it is really frustrating, I wish he could pass this problem.

[merahsmp]

Hi,

I am on a work permit and have received the HSMP approval. I would like to apply for FLR(HSMP). Can anyone suggest how much time does it take to process FLR?

Do they contact current employer for verification?

Regards,
Mera HSMP

[T_mahmood]

Duplicate post

Hi,

I am on a work permit and have received the HSMP approval. I would like to apply for FLR(HSMP). Can anyone suggest how much time does it take to process FLR?

Do they contact current employer for verification?

Regards,
Mera HSMP

[amberw]

hi tarek! No sending child to nursery/school is not under public fund. We got HSMP(FLR), while our daughter is in nursery too.

[umanghere]

I agree with Amber.

http://www.hmrc.gov.uk/taxcredits/intro-taxcredits.htm

Looking at the details of Child Tax Credit looks like you have to apply for claiming them and this document doesnt suggest that sending child for free education for nursery comes under this.

[tarek131]

Thanks Amber and umanghere.
That gives me peace of mine now.
Good luck for all us.
This forums is really fantastic resource.