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Why are you bringing Harriet Harman into this?durbr wrote:Hi,
Thanks for replies.
I spoke with someboday at the HO this morning. He advised me to send application by post and provide a covering letter to explian the situation. As I have stoped Child Benefits, he advised me to write NO to the question.
I intend to prepare a covering letter that will support the idea that we made a mistake (or Child benefit ageny made a mistake) and we have always been able to support our family. (I financed my MSc and PhD as an international student). I think our situation is not much different from Harriet Harman who took money (illegaly?) from David A. "in good faith"! if she got away with it, why shouldn't we. At least we asked the Child Benefit agency before we took the money.
Yes, my experience is the same. A few years ago DWP/Social Security Office would advise people to apply Child Benefit and Tax Credits. And they got it too!Siggi wrote: The only thing I know for certain is that when we enquired in 2003 at DWP they said we where entitled to child benefit if the child was born in the UK, regardless of our status and that was after carefully explaining we had no recourse to public funds.
I heartily agree lying is never worth it.VictoriaS wrote: It is NEVER worth lying to immigration, especially if the breach was so clearly unintentional.
I think there is a difference between Council Tax Benefit and "categorisation". Council Tax Benefit if I recall correctly is means-tested etc.Siggi wrote:Akhil,
I would say that Council Tax Benefit or Housing Benefit all fall into that area of, no recourse to public funds.
Check out the application form for ILR and you will see they ask if you receive any of the above mentioned Benefits.
Good luck
That's interesting, as my understanding is that if the requirements of paragraphs 304 and 305 of the rules are fulfilled, then it doesn't matter whether the child is seeking LTE/R as a dependant of someone admitted for settlement or otherwise.VictoriaS wrote:Vinny, the paragraphs you are quoting are in relation to children who are here as the dependents of those who have been admitted for settlement as a spouse/fiancee/civil partner, ie a child who has a step parent who is a UK national or has ILR. It is not relevant in the situation where both parents are on WP, HSMP or other temporary category and are therefore restricted from claiming public funds.
Victoria
tvt wrote:The question in the ILR form is "Are you receiving any public funds?". This IMHV is a simple question - it does not ask you whether you were receiving these funds some time in the past. All it asks is whether you are receiving any of these funds NOW. So if you stop getting the CB payments even a month before you submit your ILR application, you can legitimately answer "No" to that question.
There is also the practical question of HO-BIA finding out that you were receiving these payments in the past. This could come from two sources:
1. your bank statements which you take to the appointment / submit with your application showing CB credits (these can easily be spotted). To avoid the fuss, I suggest you do not send these bank statements but unstead send other evidence (such as salary slips, saving accounts) of your ability to maintain yourself and your dependents without recourse to public funds.
2. HMRC notifying BIA about your recourse to public funds. This is less likely to happen but still a risk.