Child Tax Credit and ILR

intheforest · Post by **intheforest** » Fri May 22, 2009 6:20 pm

Hi,
I'm about to send my appl. for ILR soon /form SET(O) / and I'm not sure what to do about the part where they ask if I had claimed any public funds.
Let me give some clarifications first: I'm a national of Bulgaria and have dependants my wife and my baby, also Bulgarians. We came in the UK in Sept 2004 under the HSMP, then applied for three years FLR in Sept 2005, after that for another 3years FLR in Sept. 2008. Now we have right to apply for ILR under the same program. Meanwhile Bulgaria joined EU in Jan. 2007. My problem is that we claimed Child Tax Credit a couple of months ago and now I'm worried that they might refused my application as my HSMP visa is endorsed with "no resource to public funds" and I'm in doubt now whether it's better to return the money to the Tax office or not?
Any advice would be much appreciated, please.

Post by **John** » Fri May 22, 2009 7:57 pm

Now we have right to apply for ILR under the same program.

Are we absolutely sure about that? Warning bells are ringing in my head that because Bulgaria joined the EU on 01.01.07 you are now covered by the EU regulations .... and thus cannot get ILR status .... ever. What you will be able to do, once Bulgaria has been in the EU for 5 years .... 01.01.12 ...... is to get PR status .... Permanent Residence.

As regards your benefits question, please read the sticky topic, the one subtitled "Read this b4 starting new topic."!

intheforest · Post by **intheforest** » Fri May 22, 2009 8:55 pm

Thank you for the quick respond.
To the question- since we've been under HSMP since we first came into the UK and we've spent more then four years under this program, basicaly we can obtain an ILR now and in Sept. this year we can apply for a sitizenship, instead of having to wait until 2012 under the european low.
Regarding the benefits question, we read the sticky topic but as it's about a british person and a non-british dependant I wasn't sure whether the same would apply in our case

Post by **John** » Fri May 22, 2009 10:27 pm

since we've been under HSMP since we first came into the UK and we've spent more then four years under this program, basicaly we can obtain an ILR now and in Sept. this year we can apply for a sitizenship

You certainly will not be allowed to apply for Citizenship in September this year, given the need to have ILR for at least one year when you apply for Naturalisation.

As regards whether you can apply for ILR .....I stand corrected! :-

However, we have retained the ILR rules to allow Bulgarian and Romanian nationals to still be able to qualify for ILR. Those who have leave under ECAA can in most (see below) circumstances still qualify for ILR under the relevant immigration rules (paragraphs 222-223A).

That is from page 13 of 28 of this UKBA document.

intheforest · Post by **intheforest** » Sat May 23, 2009 7:59 pm

Thank you for the reply , John
We'll be able to apply for a citizenship in September this year:
http://www.bia.homeoffice.gov.uk/workin ... residence/
But it's still not quite clear for me about the ILR application whether we have the right to claim the Child Tax Credit or not, what do you think?

Post by **John** » Sat May 23, 2009 9:05 pm

Yes, of course the HSMP Forum case! Well done for being within its terms.

Tax Credits are managed by HMRC. Please read this page from their Tax Credits Technical Manual, where it confirms, for benefit purposes, you are not subject to immigration control, and accordingly can claim Tax Credits.

intheforest · Post by **intheforest** » Tue May 26, 2009 8:19 pm

Thanks John for the info.
My concern was that my visa was endorsed with the "no resorce to public funds" although I'm a national of the EU. Therfore I was wondering whether it would be better to return the child cerdit which we claimed, just to be at the safe side.

Post by **John** » Tue May 26, 2009 10:23 pm

The problem is, intheforest, the definition of Public Funds, as in para 6 of the Immigration Rules, is effectively flexible, in the sense that paras 6A to 6C alter the definition to take account of individual circumstances and family circumstances.

For you para 6B is in play :-

a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

-: and thus, as it says, you and your spouse " shall not be regarded as having recourse to public funds".

So absolutely no need to return anything.

intheforest · Post by **intheforest** » Thu May 28, 2009 4:56 pm

Thank you very much for your help, John.
I'll go in this way and hopefully everything will be alright.

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Child Tax Credit and ILR

Child Tax Credit and ILR