Applying ILR for spouse while claiming public funds

[nimish.harshe]

H All,
I am in a bit of fix here.
I have an ILR granted (through 5 years under Tier 2 ICT route) to me on April 2015. I had not applied for my wife's ILR at that time, though she was eligible, but had her previous dependant visa till 2016.
We are applying for her ILR now, however have got couple of confusions especially around claiming Child benefit.

I have read and found that before ILR we were not entitled to public funds. I had claimed for Child Benefit in May after my ILR in April, however gave my wife's bank account in the form. (a mistake which I am realising now ). Will this affect my wife's ILR application in any way? I feel I have not done anything illegal, because I was entitled for the benefit and claimed funds as a family. Should we mark the question " Are you receiving Public Funds" as yes? Shall I as a precautionary measure get the bank account changed to my account for the Child Benefit.

My second query is regarding type of form to fill in. I have read this forum extensively and found that SET M should be used for the people under FLRM route. Hence for my wife SET O form should be applicable, however since she was dependant she will not have the SOC code and other details mentioned in section 5. She does work though, hence we will fill the details of hourly weekly salaries etc.
Should I Ignore the section for SOC code and a letter from the employer?

Lastly how late can I send this application if we are applying by post? If I send the filled form couple of days before her visa expiry date and keep the Post office receipt, should that be ok?

I have to apply the application this month and will appreciate any help on these queries.
Thanks in advance.

[CR001]

I have read and found that before ILR we were not entitled to public funds. I had claimed for Child Benefit in May after my ILR in April, however gave my wife's bank account in the form. (a mistake which I am realising now ). Will this affect my wife's ILR application in any way? I feel I have not done anything illegal, because I was entitled for the benefit and claimed funds as a family. Should we mark the question " Are you receiving Public Funds" as yes? Shall I as a precautionary measure get the bank account changed to my account for the Child Benefit.

It is fine to be paid into her account but the claim for child benefit MUST be in YOUR name.

My second query is regarding type of form to fill in. I have read this forum extensively and found that SET M should be used for the people under FLRM route. Hence for my wife SET O form should be applicable, however since she was dependant she will not have the SOC code and other details mentioned in section 5. She does work though, hence we will fill the details of hourly weekly salaries etc.
Should I Ignore the section for SOC code and a letter from the employer?

She does not complete all the Set(O) section. She does not need an SOC etc. Read the guidance.

Lastly how late can I send this application if we are applying by post? If I send the filled form couple of days before her visa expiry date and keep the Post office receipt, should that be ok?

Yes, should be fine. Fees are going up on 18th March.

[nimish.harshe]

Hi CR001,
Thanks for you quick response, and especially the heads up for the fee change on 18th March.
Yes I have cross verified this with the Child Benefits team and they have confirmed that the claim is under my name and not my wife's.
So I should be ok in checking the box as Yes and there should be no issues.

Your help is much appreciated.

[CR001]

Yes, but for you not your spouse. Take a copy of your award letter with you so HO can see it is in your name if they query this but they shouldn't.

If you are claiming child tax credits, this MUST be claimed in JOINT names.