Child benefit mistake and ILR

durbr · Post by **durbr** » Mon Feb 04, 2008 5:14 pm

Hi,

Does the Home Office send passports and other documents back when they refuse ILR aaplication and give right to appeal? Or do they keep passports with them ?

Crxyz · Post by **Crxyz** » Mon Feb 04, 2008 7:41 pm

durbr wrote:Hi,

Does the Home Office send passports and other documents back when they refuse ILR aaplication and give right to appeal? Or do they keep passports with them ?

I think they will give you right to appeal but not sure if they will keep your passport. Did you pay the money back to HMR?

durbr · Post by **durbr** » Tue Feb 05, 2008 1:41 pm

Dear all,

I delighted to inform you that our application for ILR has been approved. We have received our passports back today with ILR stamp. (We submitted application on 9th of Jan).
In our application form, we ticked NO to the question â€œAre you receiving any public fund?â€

Post by **John** » Tue Feb 05, 2008 1:52 pm

Congratulations!

can we apply for child benefits now?

Let's put it this way, look at those ILR visas! What conditions are there? Exactly ... none! Accordingly you have every right to claim whatever benefit you are entitled to.

So go ahead and claim Child Benefit and Tax Credits, and anything else you might be entitled to.

Crxyz · Post by **Crxyz** » Tue Feb 05, 2008 1:53 pm

Dubr,

Congratulations.

Yes, you can apply for child benefit now.

Did you pay the money back to HMRC. I am having the same problem here. Thanks

Chris

durbr · Post by **durbr** » Tue Feb 05, 2008 2:21 pm

I recieved a letter from HMRC 2 days ago regarding how to pay the money back. I will repay (lump-sum) today or tomorrow.

Crxyz · Post by **Crxyz** » Tue Feb 05, 2008 2:53 pm

durbr,

Check your private message please.

Thanks

Chris

VictoriaS · Post by **VictoriaS** » Wed Feb 06, 2008 12:04 am

Brilliant. Glad it all worked out.

Victoria

TORRES · Post by **TORRES** » Fri Feb 08, 2008 10:16 pm

durbr wrote:Hi,

My wife has been on work permit for 5 years and we want to apply for ILR. She is from Vietnam and I am from Pakistan. Three years ago when our first son was born, we received some application forms for Child Benefit. We were not sure whether were eligible so we called the HM Revenue & Customs (HMRC). They advised us to apply for Child Benefit and they would consider our application. We applied and they started paying us child beneift in 2004. We were very naive about "recourse to public fund" and we thought HM Revenue & Customs (HMRC) knew better. Anyway, now that we want to apply for ILR,according to the application form, we have realised that may be we were not eligible. Please advise what do you think? How should we proceed? We are willing to return all the money plus interest plus any penalty. Any comment will be highly appreciated!

I am just a new member here but I thought I could share some information with others regarding this issue. I have done some extensive searching and discovered the following:

1. if you answer "yes" to the question about receiving benefits, you then have to fill in which "benefit" you have been receiving. The Caseworker will then get in touch with the relevant office which adminsters that benefit
(HMRC or DWP) to find out if you got paid that benefit as a result of their error. If they say it was not their fault, then the Caseworker refers the issue to a Senior Caseworker who then makes the decision, which is ALWAYS a refusal whether it was FLR you were applying for or ILR.

2. Child Tax Credits and Working Tax were given in error by HMRC to people under immigration control until around 15 March 2005, when they were listed as "public funds". So anyone who received them before or around that time will probably be "lucky" enough to get a reprieve. Child benefit , on the other hand, has always been unavailable to people with "no recourse to public funds" stamps in their passports. So I am not sure how anyone could have it.

3. The most important thing to note is that the Caseworker will only follow it up if you tick the "yes" box and if they are observant enough they might spot something on your bank statements. So I agree with someone who spoke about not sending bank statements if they are going to divulge such info.

4. From what I understood paying back the money, does not necessarily "lessen" the "crime" especially if you have been receiving them for such a long time. My advice to you is to consult a lawyer or better still submit your application through a lawyer.

5. Keep your fingers crossed and hope for the best!!!!!!!!. Good luck and GOD bless.

Post by **John** » Fri Feb 08, 2008 10:37 pm

Your "discoveries" are incomplete, and inaccurate in a number of respects.

TORRES · Post by **TORRES** » Fri Feb 08, 2008 10:56 pm

John wrote:Your "discoveries" are incomplete, and inaccurate in a number of respects.

In what way are they inaccurate or incomplete , John??. Since this is an information sharing forum, why dont you give "us" the "accurate and complete" ones. I guess a lot of people would appreciate that a lot. These are part of the Immigration Directorate Instructions (IDI) dated September 2005 and I have not seen any new ones since then regarding "public funds".

Post by **vinny** » Sat Feb 09, 2008 12:41 am

TORRES wrote:4. From what I understood paying back the money, does not necessarily "lessen" the "crime" especially if you have been receiving them for such a long time. My advice to you is to consult a lawyer or better still submit your application through a lawyer.

His application has already succeeded:

durbr wrote:I delighted to inform you that our application for ILR has been approved. We have received our passports back today with ILR stamp. (We submitted application on 9th of Jan).
In our application form, we ticked NO to the question â€œAre you receiving any public fund?â€

yskishore · Post by **yskishore** » Sat Mar 29, 2008 6:30 am

Hi,

I am in the same boat... I have made an online application and have been granted with Child benefit. I am now planning to apply for ILR.

How can I resolve this...

I spoke to the child benefits office and asked them to confirm if I am legally entitled. I am ready to pay the amount if the answer is no. I am not sure how long will this process take and the implications.

Any advise will be very helfpul.

Thanks
Y

yskishore · Post by **yskishore** » Sat Mar 29, 2008 7:11 am

Dear Durbr

Could you please advise how long it took to sort out the wrong payment of child benefit claim. I am ready to make the payment back. Did they stop the payment immediatley after you brought it to their notice. Atleast that way I can say 'No' to benefits in the ILR application.

Would you be able to share the covering letter you have sent to the home office.

Regards
Kishore

Post by **John** » Sat Mar 29, 2008 12:00 pm

yskishore, what is your nationality? And prior to coming to the UK, did you work in any other country, apart from that of your nationality? If so, do give details.

olisun · Post by **olisun** » Sat Mar 29, 2008 6:27 pm

John wrote:yskishore, what is your nationality? And prior to coming to the UK, did you work in any other country, apart from that of your nationality? If so, do give details.

Kishore = Indian name

Post by **John** » Sat Mar 29, 2008 7:37 pm

I'll take your word for that Olisun, but we still need an answer as regards the other question.

olisun · Post by **olisun** » Tue Apr 01, 2008 11:14 am

John wrote:I'll take your word for that Olisun, but we still need an answer as regards the other question.

yskishore wrote:I am in the same boat... I have made an online application and have been granted with Child benefit. I am now planning to apply for ILR.

Indian national has unknowingly made the mistake of claiming Child Benefit and is now getting ready to apply for ILR

Post by **John** » Tue Apr 01, 2008 11:29 am

Olisun, we don't know that. He has not posted answers to my questions. After all, for all we know, he worked in say Canada prior to coming to the UK, and if so, under the terms of the UK-Canada Social Security Agreement, he has every right to claim CB in the UK, irrespective of his nationality!

yskishore · Post by **yskishore** » Thu Apr 10, 2008 5:59 am

Hi All,

Thanks for responding..

I have worked earlier in Dubai for 2 years.

Regards
Kishore

gulati · Post by **gulati** » Sun Apr 13, 2008 11:14 am

John wrote:Olisun, we don't know that. He has not posted answers to my questions. After all, for all we know, he worked in say Canada prior to coming to the UK, and if so, under the terms of the UK-Canada Social Security Agreement, he has every right to claim CB in the UK, irrespective of his nationality!

An Indian National lived and worked in Sweden (EU country) for eight years before coming to UK. He is on Indian passport and has work permit with 'no recourse to public funds' in the residence permit.

Is he entitled to child benefit?

And will it cause problems with ILR application?

Gulati

hsmp_prey · Post by **hsmp_prey** » Sun Apr 13, 2008 5:24 pm

Siggi wrote:Durbr,
My position is similar ie salary of +Â£100 k pa but the child benefit is paid into my wifes account.
So as I'm the main applicant, under the section, where they ask do you receive any benefit.
I can say no, as this benefit is transfered into my wifes account and will not show up, when I submit my bank statements.

If I was you, take a chance and say no, unless you have to show banks statements that reflect the benefit.

It is a differcult call and also unfair as this is a benefit that is almost forced on you, without too much consideration DW as to our immigration status.

Good luck and by the way when are you alpying for your IRL?

Don't give wrong advise. CB is not allowed whatsoever. Whether it goes in to your wife's account or anyone, at the end its registered with your kid, and you are linked to it.

Post by **John** » Sun Apr 13, 2008 5:37 pm

Don't give wrong advise. CB is not allowed whatsoever. Whether it goes in to your wife's account or anyone, at the end its registered with your kid, and you are linked to it.

Absolutely not that clear cut. Totally wrong to imply that CB is never OK. hsmp_prey, if in doubt, investigate Rule 6B of the Immigration Rules.

mnstar · Post by **mnstar** » Sat Jul 12, 2008 6:43 pm

I am sorry to resurrect this topic. I have been in the same situation as Durbr. My son was born in the UK in 2005 while I was on HSMP. At teh time everyone told us to apply for Child Benefit, even HMRC, whosaid they will consider it. They then gave me CB for my son.

I was due to apply for FLR on HSMP/PBS in June 2008 when I realised that I should not have received CB. I asked HMRC to stop the CB payments and told them they made a mistake to give it to me. They stopped the payments in April 2008 and told me they will investigate the matter. I offered to pay back the CB i received.

In May 2008 I applied for FLR on HSMP/PBS and mentioned on my cover letter that I incorrectly received CB but i have informed HMRC and I am waiting to pay it back. I did not indicate on the application form that I am receiving benefits because it was stopped.

I got a letter from HMRC while my FLR was still being considered in July to pay back the CB, which I duly did in full, and 1 week later I got my FLR approved. Maybe they were waiting for me to repay the money. I am not sure.

Thanks to everybody on this topic because I followed your advice and it helped.

For time lines see http://www.immigrationboards.com/viewto ... ht=#181571

Post by **John** » Sun Jul 13, 2008 10:28 am

mnstar, what is your nationality? And did you or your wife work in any other country prior to coming to the UK? If so, please give details.

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Child benefit mistake and ILR

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