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more confusion - please assist about my dependents ILR

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nadnan09
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more confusion - please assist about my dependents ILR

Post by nadnan09 » Tue Feb 24, 2009 10:37 pm

i am on ILR from last year from 5 yr work permit and now want to apply for my wife and kids who were my dependents all this time. I could not apply for their ILR as they were abroad.. now the whole confusion.. here is what home office advised below on how my dependents should apply for ILR.

"As a dependant of a Work Permit Holder, you may apply
for Indefinite Leave to Remain provided:
You were admitted with a valid United Kingdom entry clearance as the spouse or child of a Work Permit holder.
The main applicant has been or is at the same time being granted indefinite leave to remain;
The applicant has been, and will continue to be maintained and accommodated without working or recourse to public funds. You will need to submit a SET(O) application form and pay the prescribed fee if you are not applying at the same time as the main Work Permit holder. "

Obviously I am entitled to apply for child tax credit which I have done but the bold info is very unclear.. does this mean my wife should not apply for tax credits or does it mean i should not apply...

jhon .... please advise or any friends who have info on this topic. thank you

UKBAbble
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Location: Berkshire

Post by UKBAbble » Tue Feb 24, 2009 10:42 pm

Tax credits are not classed as public funds.

nadnan09
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Posts: 17
Joined: Sun Jan 21, 2007 7:40 pm

Post by nadnan09 » Wed Feb 25, 2009 10:57 am

tax credits are public funds...

I am entitiled for all public funds but not my partner.

Please someone assit.. Jhon r u around

batleykhan
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Location: West Yorkshire

Post by batleykhan » Wed Feb 25, 2009 2:07 pm

http://www.ukvisas.gov.uk/en/ecg/chapter9/

Go to the above link and read Section 9.2.

If you are not sure after reading this, then come back.

In short your dependant is not allowed to claim benefits. They are saying that because you are claiming tax credits ( public fund)they have doubt whether you can support your dependant if and when they come here, without them resorting to claim extra public funds

Tax Credits are classed as Public funds

nadnan09
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Posts: 17
Joined: Sun Jan 21, 2007 7:40 pm

Post by nadnan09 » Wed Feb 25, 2009 8:14 pm

thanks.

they have been with me here in the last 5 years but were only way at the time when i applied for ilr

so i can claim tax credits but my wife cannot which i believe.

vinny
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Post by vinny » Wed Feb 25, 2009 11:52 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nadnan09
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Joined: Sun Jan 21, 2007 7:40 pm

Post by nadnan09 » Thu Feb 26, 2009 8:51 am

Vinny thanks as you lot are marvellous.

I can apply for tax credits and benefits in joint names... my wife will not claim in her name .. tax credits advised they always treat as joint claims .
one question please...
when my wife makes an application for Set O, what does she have to write about public funds...

thanks

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