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Working tax credits and FLR

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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thunderb0lt
Junior Member
Posts: 77
Joined: Thu Mar 07, 2013 6:32 am
United Kingdom

Working tax credits and FLR

Post by thunderb0lt » Tue Mar 23, 2021 6:39 pm

Hi

I have a query on behalf of family member. The applicant came to UK in 2015 on spouse visa on 5 year route. At the time of extension after 2.5 years later they did not meet the financial requirement and applied for FLR FP which was granted as they have 2 British children.

It’s now time for the extension, the applicant has been working and claiming working tax credits. On the BRP it says no public funds. Will this cause an issue with extending the leave to remain, in other words is there a possibility of refusal.

Thanks

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Working tax credits and FLR

Post by JB007 » Tue Mar 23, 2021 6:56 pm

thunderb0lt wrote:
Tue Mar 23, 2021 6:39 pm
Hi

I have a query on behalf of family member. The applicant came to UK in 2015 on spouse visa on 5 year route. At the time of extension after 2.5 years later they did not meet the financial requirement and applied for FLR FP which was granted as they have 2 British children.

It’s now time for the extension, the applicant has been working and claiming working tax credits. On the BRP it says no public funds. Will this cause an issue with extending the leave to remain, in other words is there a possibility of refusal.

Thanks
The welfare benefit called Tax Credit, is different to welfare benefit called Universal Credit, which replaces Tax Credit. Like Universal Credit, the Tax Credit claim had to be in joint names, but with Tax Credit benefit claim, If they had a child they could claim the Second Adult Element (extra benefit money) for the NRPF partner.

The NRPF spouse is not taking public funds as that claim had to be in joint names.

thunderb0lt
Junior Member
Posts: 77
Joined: Thu Mar 07, 2013 6:32 am
United Kingdom

Re: Working tax credits and FLR

Post by thunderb0lt » Tue Mar 23, 2021 7:03 pm

JB007 wrote:
Tue Mar 23, 2021 6:56 pm
thunderb0lt wrote:
Tue Mar 23, 2021 6:39 pm
Hi

I have a query on behalf of family member. The applicant came to UK in 2015 on spouse visa on 5 year route. At the time of extension after 2.5 years later they did not meet the financial requirement and applied for FLR FP which was granted as they have 2 British children.

It’s now time for the extension, the applicant has been working and claiming working tax credits. On the BRP it says no public funds. Will this cause an issue with extending the leave to remain, in other words is there a possibility of refusal.

Thanks
The welfare benefit called Tax Credit, is different to welfare benefit called Universal Credit, which replaces Tax Credit. Like Universal Credit, the Tax Credit claim had to be in joint names, but with Tax Credit benefit claim, If they had a child they could claim the Second Adult Element (extra benefit money) for the NRPF partner.

The NRPF spouse is not taking public funds as that claim had to be in joint names.

Thanks. I’m not sure what you’re reply means. In this example the British spouse does not work therefore the working tax credit is due as a result of the applicant working (who has no recourse to public funds)

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Working tax credits and FLR

Post by JB007 » Tue Mar 23, 2021 7:15 pm

thunderb0lt wrote:
Tue Mar 23, 2021 7:03 pm
JB007 wrote:
Tue Mar 23, 2021 6:56 pm
thunderb0lt wrote:
Tue Mar 23, 2021 6:39 pm
Hi

I have a query on behalf of family member. The applicant came to UK in 2015 on spouse visa on 5 year route. At the time of extension after 2.5 years later they did not meet the financial requirement and applied for FLR FP which was granted as they have 2 British children.

It’s now time for the extension, the applicant has been working and claiming working tax credits. On the BRP it says no public funds. Will this cause an issue with extending the leave to remain, in other words is there a possibility of refusal.

Thanks
The welfare benefit called Tax Credit, is different to welfare benefit called Universal Credit, which replaces Tax Credit. Like Universal Credit, the Tax Credit claim had to be in joint names, but with Tax Credit benefit claim, If they had a child they could claim the Second Adult Element (extra benefit money) for the NRPF partner.

The NRPF spouse is not taking public funds as that claim had to be in joint names.

Thanks. I’m not sure what you’re reply means. In this example the British spouse does not work therefore the working tax credit is due as a result of the applicant working (who has no recourse to public funds)
The British citizen is allowed to claim but it had to be a joint claim with the NRPF partner. They can claim.

The way Tax Credit worked was to see if there is a claim under the Working Tax Credit part and then to look to see if there was a claim under the Child Tax Credit part too. I assume they are not earning about 18k (between them) if they are getting WTC?

Be aware that when they move onto Universal Credit they will both have to work, unless there is an exemption.
https://www.gov.uk/universal-credit/you ... sibilities

thunderb0lt
Junior Member
Posts: 77
Joined: Thu Mar 07, 2013 6:32 am
United Kingdom

Re: Working tax credits and FLR

Post by thunderb0lt » Tue Mar 23, 2021 8:09 pm

The NRPF partner is claiming the working tax credits

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Working tax credits and FLR

Post by JB007 » Wed Mar 24, 2021 11:03 am

thunderb0lt wrote:
Tue Mar 23, 2021 8:09 pm
The NRPF partner is claiming the working tax credits
It's a joint benefit claim. From what I recall of the now defunct Tax Credit welfare benefit, for the Working Tax Credit part they only had to work so many hours betwwen them each week, even if one partner didn't work at all. The state would give them money through the WTC welfare benefit if they earned less than about 18k between them a year. It didn't matter which partner worked. It was a yearly claim.

As said, Tax Credit was a short lived welfare benefit (for obvious reasons) and has been replaced for new claimants/is being replaced for exisiting claimants, by the new Universal Credit welfare benefit.

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