Hubby overstayer, not eligible for NI, tax credit probs

[susy2929]

I apologise if this has been asked before.
My husband is an overstayer but we were married formally by obtaining COA from HO in July.
I informed Tax Credit of my change of circumstance as I was already claiming as a single parent with 1 child. My income and all other things remained the same and as hubby is not eligible to work at the moment I assumed that the award amount would remain the same as there is no extra income other than that stated in my initial claim.
They told me my hubby needs a NI number and sent him for a National Insurance interview. After interview JobCentre Plus wrote back and refused him a NI due to his immigration status and said that those who do not have settled status are not eligible for NI numbers.
I informed the tax credit office of this decision and they said they would call me back to advise me. They didn't call back so upon further enquiry they told me my claim was unsuccessful and the gentleman said he could not give me a reason. I am just tired of these guys, I've been in contact with them regularly to be updated and after all these months they have finally told me my claim is cancelled (I'm assuming this is cos hubby has been refused NI) They are unable to provide any coherant, consistent answers and it's so annoying.
The crux of the issue is
Is there any discretion for WTC+CTC if my husband is an overstayer and has been refused a NI number? The money is for my daughter and me, not him so surely there must be a way of tackling this .
I feel like I should not have bothered telling them and stayed as a single claimant as it is almost like they are penalising me for being married to someone without stay.
We are in the process of sorting ourselves out, ie him going back to his country of origin and applying for a spouse visa but I have been missing out on my tax credits since August and this is making things slightly difficult.
Sorry for the long windedness, may someone please advise.

[mykebolton]

Hello.........firstly I feel sorry for the hardship you are going through...I will be very straight and simple by treating your post in 2 versions...The first is the Issue of your husbands National Insurance refusal...Yes,he cannot be issued with NI cos he does not have any sort of leave whatsoever even thou he is married to a british national..you said you guys have a daughter and I want to believe your husband is the father..if not,it doesnt really matter as long as he is involved in the childs life.....I'll advice you guys should submit a FLR(M) application to the home office,once they acknowledge the receipt of the application you instruct your husband to book another appointment for NI interview..the letter shows to the NI officials that your husband is pursuing a kind of leave in the UK and he should make sure he attends with your passport and marriage certificate...this way I believe your husband should definately be issued with a NI.....As per the second issue which is with the submitted application for FLR(M),you can be sure you'll get something from the HO,You guys even stand a better chance cos you got approval from them before doing the marriage......with the recently concluded case of Chikwamba VS Secratary of states.(Article 8 )....if you guys don't get the spouse visa,then you are sure of DL - discretionary leave to remain.....Hope this answers your stress a lil.

[susy2929]

Thank you ever so much for your helpful reply I really appreciate it.
Well hmrc clarified that they refused CTC and WTC due to hubby being refused NI.
They said the best I can do is appeal or have to wait until he returns with 'proper paperwork' and reapply for a NI (that will probably take yonks).

Ill update once I hear from appeal so others may benefit.

All the best!

[chana]

Hi im in a similar situation to you. My husband is a failed asylum seeker and was told he couldn't have a NI number but has been recently given one which i think is a mistake but nevermind. Tax credits still have not sorted the claim out though. I have two children and my youngest is only 3 months old but isn't allowed milk tokens either.
I was wondering if you are claiming any other benefits? And if you are having problems with them aswel?
I was in receipt of income support but that has recently been stopped the reason given was because i was married!
My husband isn't allowed to work or claim any benefits. We have been left to struggle on child benefit £33 a week, housing etc has all been stopped.
Its wrong how british children are suffering because of their fathers status!

[SBT_Owner]

From a earlier post ...

my husband isn't allowed to work or receive benefits due to immigration controll, hes been living in the uk for nearly 7 years

Now ...

Its wrong how british children are suffering because of their fathers status!

Maybe those that have no jobs and no income should wait until they can support themselves before having kids , rather than coming online and complaining because tax payers will not be supporting the kids they keep popping out .

Let us get this country back on track and scrap the benefit system , start a new system in which only the disabled and mentally ill get benefits and the rest of us have to work for a living . Let people support themselves and their kids rather than expecting others to work hard to support them and their kids .

[chana]

Im not complaining about tax payers not supporting my children!
Given the chance my husband would work and support us. Its not right that some people who are desperate to work are not allowed.

[chana]

[quote="RattleSnake"] Let people support themselves and their kids

This is exactly what i want the government to do

[SBT_Owner]

If you have a spare minute or 2 you may wish to check this out and register your support . It is a campaign to let asylum seekers work .

http://e-activist.com/ea-campaign/clien ... gn.id=2672

[chana]

I am trying to look for a job but its not easy.
My husband could start work tomorrow given the chance, hes been offered lots of jobs but needs permission to work first.

[SBT_Owner]

I think the no working rule is to stop a flood of people coming here that are not in need of Asylum , but will use that to get here knowing they can then start working even if they are refused asylum . It would be a loop hole that would certainly be heavily exploited .

It makes sense when you look at it , my only problem is the lack of speed in which they deal with asylum applications , people are left waiting for a long time before getting a verdict and during this long time period they are left with no means to support themselves .

Good luck with your job search and yes i would imagine in the current climate it is tough finding work . Sorry for being to harsh in my earlier post

[olapoint101]

Hi,

I have found your post when searching for google for interview for NI number for overstayer.

My situation is very similar to your post, and im hoping for some advice Please.

I have applied for WTC and CTC as joint application and i called for an update, they advised me today that my partner needs to attend an interview for a NI number. I asked for when and what happens next, they didnt give me any info. Please can you advise what happened in ur situation.
My partner doesnt have any right to claim benefits and we are currently putting an application for FLR(O) next week with our solicitor. Ive just had a baby 3 months ago and i am on maternity leave, but the money just isnt enough, and im relying on tax credits but they seem to delay anyway they can.

I just want to know what happened with ur case? and the interview for NI? and after u appealed? like u said i have right to claim TC for me and my baby as we are both british citizens.

Please help...