ILR eligibility while receiving benefits

[agronl]

Hi,

My wife came to UK on a spouse visa in November the 3rd 2006. Basically I have two questions. It would be great of someone can clarify these questions.

1) My wife was issued with a spouse visa on the 20th of September 2006 and she came to UK on the 3rd of November 2006. My understanding is that you are allowed to come within the 28 days period after the visa has been issued. For some personal reasons, she couldn't come during that period so she came few weeks later.
Is there a way that my wife can still apply for the ILR in septmeber, instead of paying for another spouse visa, or does she has to wait until 3rd of November 2008 to make up the 2 years period?

2) Three months ago, my wife gave birth to a son and I applied for Child Benefit and Working / Child Tax Credit as a joint account. They said my wife is not entitled to receiving any benefits but we still need to apply together, so I did that. I am working full-time but due to not receiving a good salary I thought its better to apply for Child benefits & tax credit.
By receiving Child benefit and Tax credit, is this going to be a problem when my wife applies to extend her visa or when she applies for the ILR visa?

Apologies for writing such a long explanation, but I hope I have made myself clear.

Many thanks,

Idiot spammer

[thirdwave]

Hi,

My wife came to UK on a spouse visa in November the 3rd 2006. Basically I have two questions. It would be great of someone can clarify these questions.

1) My wife was issued with a spouse visa on the 20th of September 2006 and she came to UK on the 3rd of November 2006. My understanding is that you are allowed to come within the 28 days period after the visa has been issued. For some personal reasons, she couldn't come during that period so she came few weeks later.
Is there a way that my wife can still apply for the ILR in septmeber, instead of paying for another spouse visa, or does she has to wait until 3rd of November 2008 to make up the 2 years period?

2) Three months ago, my wife gave birth to a son and I applied for Child Benefit and Working / Child Tax Credit as a joint account. They said my wife is not entitled to receiving any benefits but we still need to apply together, so I did that. I am working full-time but due to not receiving a good salary I thought its better to apply for Child benefits & tax credit.
By receiving Child benefit and Tax credit, is this going to be a problem when my wife applies to extend her visa or when she applies for the ILR visa?

Apologies for writing such a long explanation, but I hope I have made myself clear.

Many thanks,

Idiot spammer

I think your wife might have breached the conditions of her visa by applying for Child Benefits & Tax Credit. Although you are entitled to public funds, including your wife's name has complicated things. Is there any way you can repay the tax credits?

In addition, she did not enter the country within the stipulated time and, both things taken together, there is a good chance that her ILR application might be refused. However, it might be worthwhile making an application by post with a good explanation re: the benefits as well as the reasons for her late arrival in the country. It depends on the caseworker who picks up the application and, if I were you, I would approach this in the assumption that her application is likely to be refused..In the worst case scenario, you would lose the money and have to apply for an extension of the SV again..

And don`t wait until November 2008 before you submit the application as it would make her an overstayer..

[jazbaati99]

I will let others (especially John) to comment on the child tax credit issue.

For the visa, since your wife entered UK on 3rd November, she can apply for ILR 28 days before that, lets say 3rd October 08 for the sake of simplicity. Since her visa is running out on 20th September what you guys can do is apply for ILR on 20th September through a postal application. Send your application through special delivery and hold on to the receipt for dear life. Once you have posted the application her visa status freezes till the outcome of the application so she would not be an over stayer. Moreover make absolutely sure that you pay the home office fees via cheque. It will take two days for delivery and another five days for your cheque to clear. Your application will not be considered until the payment has been cleared. That will buy you five to seven working days so hopefully by the time your application will reach the case worker, you would be within 28 days window. This will save you from applying for an extnetion to the spouse visa.

Best of luck.

[Wanderer]

I disgree with thirdwave (sorry mate!)

So long us YOU (ie not the person under immigration control) claimed CB that's fine.

Also WRT Tax credits you should claim as a couple, u r obligated to but you shouldn't get any extra WTC due to ur wife.

CTC is ok I think, John is expert here, sure he'll be along later...

[thirdwave]

I disgree with thirdwave (sorry mate!)

So long us YOU (ie not the person under immigration control) claimed CB that's fine.
Also WRT Tax credits you should claim as a couple, u r obligated to but you shouldn't get any extra WTC due to ur wife.

CTC is ok I think, John is expert here, sure he'll be along later...

Wanderer, Its appears the OP and his wife applied for CB jointly..

[Wanderer]

I disgree with thirdwave (sorry mate!)

So long us YOU (ie not the person under immigration control) claimed CB that's fine.
Also WRT Tax credits you should claim as a couple, u r obligated to but you shouldn't get any extra WTC due to ur wife.

CTC is ok I think, John is expert here, sure he'll be along later...

Wanderer, Its appears the OP and his wife applied for CB jointly..

IIRC correctly from my CB claims (five kids!) only one person can claim - ie not joint. Money can go into a joint bank account tho and I think that's what the OP means. He claimed but the 15 quid went into a joint account with his wife.

[agronl]

I disgree with thirdwave (sorry mate!)

So long us YOU (ie not the person under immigration control) claimed CB that's fine.
Also WRT Tax credits you should claim as a couple, u r obligated to but you shouldn't get any extra WTC due to ur wife.

CTC is ok I think, John is expert here, sure he'll be along later...

Wanderer, Its appears the OP and his wife applied for CB jointly..

Many thanks for all of your replies.

Regarding Child Benefit and Working/Child Tax Credit, there is a misunderstanding. I am only claiming Child Benefit and Working/Child Tax Credit for myself, my wife is not claiming anything because she is not entitled anyway. But I had to include my wife's name in the application because that is what I was told by the Child Benefit and Tax Credit people.

So based on this, will it affect my wife's application for ILR?

Regards,
Idiot spammer

[Wanderer]

I think u'll be fine - all above board!

[John]

By receiving Child benefit and Tax credit, is this going to be a problem when my wife applies to extend her visa or when she applies for the ILR visa?

You do not say so but I presume you are British or otherwise settled in the UK. If not, ignore what follows.

There is absolutely no problem you, and definitely not your wife, claiming Child Benefit. As regards Tax Credits, in respect of a couple living together, the claim must be made in joint names. But even though your wife has a "No recourse to Public Funds" restriction on her visa, because of some "small print" in the Tax Credits legislation .... reg 3(2) Tax Credits (Immigration) Regulations 2003 ... it is totally OK to make such a joint claim. This is reinforced by rule 6B of the Immigration Rules.

So absolutely no need to worry about claiming CB and TC.

[agronl]

By receiving Child benefit and Tax credit, is this going to be a problem when my wife applies to extend her visa or when she applies for the ILR visa?

You do not say so but I presume you are British or otherwise settled in the UK. If not, ignore what follows.

There is absolutely no problem you, and definitely not your wife, claiming Child Benefit. As regards Tax Credits, in respect of a couple living together, the claim must be made in joint names. But even though your wife has a "No recourse to Public Funds" restriction on her visa, because of some "small print" in the Tax Credits legislation .... reg 3(2) Tax Credits (Immigration) Regulations 2003 ... it is totally OK to make such a joint claim. This is reinforced by rule 6B of the Immigration Rules.

So absolutely no need to worry about claiming CB and TC.

Hi John,

Many thanks for your clarification. Yes, I am British and what you have said does apply to my case.

Thanks to all of you who have spent the time replying to my queries. This is indeed a very useful forum which I only came to know while searching in Google.

[monk]

Idiot spammer,
I'm exactly the same situation and got an answer from here.
So do you think your wife tick the box for WTC?
Still wondering am I RECEIVING this benefit?
Although I didn't apply....my husband applied....

[John]

Monk, in respect of a couple living together, any claim for Tax Credits, either Child Tax Credit or Working Tax Credit, must be in joint names. Please confirm that the claim that has been submitted is indeed in joint names.

As regards your question, I think the answer is even more subtle. Clearly "Public Funds", as defined in rule 6 of the Immigration Rules, is not a list of every type of benefit paid by the UK Government. And then when we take rule 6B into account we see, effectively, that the definition can change from one person to another.

So Monk, if your situation is exactly the same as that of Idiot spammer, for you and your husband, Tax Credits are not within the definition of "Public Funds".

[yesenia]

You do not say so but I presume you are British or otherwise settled in the UK. If not, ignore what follows.

There is absolutely no problem you, and definitely not your wife, claiming Child Benefit. As regards Tax Credits, in respect of a couple living together, the claim must be made in joint names. But even though your wife has a "No recourse to Public Funds" restriction on her visa, because of some "small print" in the Tax Credits legislation .... reg 3(2) Tax Credits (Immigration) Regulations 2003 ... it is totally OK to make such a joint claim. This is reinforced by rule 6B of the Immigration Rules.

So absolutely no need to worry about claiming CB and TC.

Does the above apply to a couple (husband settle wife overstayer, child settle /British) who want to apply for child benefit and tax credits?

By receiving Child benefit and Tax credit, is this going to be a problem when wife returns and applies for a spousal visa?

Thank a lot


Yesenia

[John]

Yesenia, that Tax Credit legislation talks in terms of "a person subject to immigration control" and "a person not subject to immigration control". So I can't see that it makes any difference, as regards Tax Credits, whether the person subject to immigration control is an overstayer or not.

For the technical reasons already stated in this topic, Tax Credits would not be within the definition of Public Funds, for the couple in question.

[adam01]

BUt how come on http://www.ukba.homeoffice.gov.uk/ukres ... blicfunds/

it says that Working tax credit and Child tax credit is a Public fund?

WTC and CTC are part of the UK governments list of public funds

[John]

What you post is correct, in itself, but you also need to take account of reg 3(2) Tax Credits (Immigration) Regulations 2003, as reinforced by para 6B of the Immigration Rules.

But then I had already posted that, hadn't I! In the circumstances we are talking about here, the relevant part of 6B reads :-

...... a person (P) shall not be regarded as having recourse to public funds .....

[jwiggi]

my husband has just had got his ilr approved last week it took 5 weeks from applying to come through, like urself we have been getting child/working tax credits and child ben' applying joint but only i recieve due to his visa saying no public funds.when applying for the ilr u have 2 boxes for u and for ur partner under working tax and child tax and child ben' we ticked the box that i the partner of the aplicant was recieving but did not tick the aplicant recieving these benefit!!! like urself we were worried but all was well and was approved!!!
good luck.

[John]

jwiggi, congratulations about your husband getting his ILR! But of course, why not? For the technical reasons laid out on this board, your husband was not claiming Public Funds.