claiming Benefits : affecting ILR?

[ola1]

my wife is a british citizen. i am in the uk with her on a spouse visa which state that "no public funds". we live together, but in sept last yr we had a baby. now my wife is on maternity pay as well as CB, child tax credit and workin tax credit in her name only. i am working and my pay is about £1050 after tax. we have the same bank account where my salary is paid and my wife's salary as well. but she had her own account where CB, CHILD TAX CREDIT AND HER WORKING TAX CREDIT ARE PIAD. i do pay all the bills from the joint account.

i hope this will not affect my application when i am due for ILR? because my visa state " NO PUBLIC FUNDS and in the letter i was given in home office stated that

" UNDER THE IMMIGRATION RULES YOU ARE NOT ENTITLED TO RECEIVE PUBLIC FUNDS TO HELP MEET YOUR LIVING AND ACCOMMODATION COST ( OR THOSE THOSE OF ANY DEPENDANTS) IN ADDITION YOUR SPONSOR IS NOT ENTITLED TO CLAIM OR RECEIVE PUBLIC FUNDS ON YOUS BEHALF.


i am a nigerian. can anybody help?

[Wanderer]

Has ur wife declared your income on the Tax credit forms?

[ola1]

she was only ask to bring in her p60 hope this help u. pls

[Wanderer]

she was only ask to bring in her p60 hope this help u. pls

That's not relevant, the applicant fills in a signs the Tax Credits claim form which she must have done - on that form did she list ur income?

[ola1]

sorry my wife did not declared my income at all

[Wanderer]

sorry my wife did not declared my income at all

Well then I'm afraid you are in a spot of bother, your income should be taken into account when calculating the entitlement to tax credits.

I suggest you telephone the tax credit people and tell them and arrange to pay it back.

[ola1]

my wife will be stoping the tax credits in a month to come because she will have to go back go work and i still have a year to apply for ILR. will dis still count on my application.

[ola1]

can somebody help me pls before i miss the way to ILR.

[John]

Your main problem, well your wife's main problem, is that your wife has committed benefit fraud in making a sole claim for Tax Credits, when she is clearly living with you. She needs to withdraw that sole claim immediately.

As regards a couple living together a Tax Credits claim must be made in joint names, and the income of both of the couple declared to the Tax Credits office.

The "No recourse to Public Funds" restriction on your visa? I am not going to repeat the technical issues here, but suggest you read the pinned topic in this Claiming Benefits section called "Benefits : affecting ILR? Read this b4 starting new topic.". There you will see that because your wife is a British Citizen it is absolutely no problem you being a joint claimant with her for Tax Credits.

[ola1]

hi john, please can take a little time to read through my question i have once corrected us base on this single claim and we have made the correction on this since then and the application as been on joint names but the case now is that on the joint award letter working tax credit comes in my name the applicant ( i mean me who is on spouse visa). maybe because my wife is on MA. please can you go through my other post to you which detail all i think you need to know to help me. thanks very very much i and my wife do really appreciate you for the help so far. thanks one again

[ola1]

this is my problem

PLEASE HELP ME
Hi john, Please can you help me out because i don't know what to do now, my wife has been on maternity allowance due to the fact that she was working before she had my first baby and whist she was on maternity leave she got pregnant again, And couldn't return to work but she contacted her office and ask if she will be entitle to statutory maternity pay. She was told by her Boss that she can only get across to job center to claim maternity allowance which she has been receiving and should end by April 2011 before she will resume back to work in June 2011. my problem now is that I am working 40hrs a week and we both apply for working tax, child tax credit jointly. But it was stated on the award letter as follow: amount still to be paid;
Working Tax Credit to Mr (My Names) then the amount
Child Tax Credit to Mrs (My wife's Name) then the amount
please note. part 1 of the award letter stated that
My Names
My wife's Names
you claimed tax Credit jointly with the person Named above.
you work 40 hours a week.

my major problem is that WORKING TAX CREDIT IN PAID IN MY NAMES WHY THE CHILD TAX CREDIT IS PAID IN MY WIFE'S NAMES AND ON THE FORM SET M
1.QUESTION 7.4 STATED THAT IS YOUR PARTNER WORKING IN THE UK? ( THAT IS MY WIFE WHO IS A BRITISH CITIZEN AND SHE IS ON LEAVE BUT IN RECEIPT OF MATERNITY ALLOWANCE BECAUSE SHE COULDN'T WORK UP TO EXPECT HOURS FOR HER TO QUALIFY FOR SMP BEFORE SHE HAD TO CONTINUE ON MATERNITY LEAVE) PLEASE WILL I TICK YES SINCE MY WIFE WAS WORKING BEFORE SHE WHEN ON MATERNITY LEAVE?

2.QUESTION 7.6
ARE YOU OR YOUR PARTNER RECEIVING ANY PUBLIC FUNDS?
SHOULD I TICK YES AND IF I SHOULD TICK YES, WILL I TICK MY OWN COLUMN UNDER THE SECTION OF WORKING TAX CREDIT SINCE IT IS IN MY NAME OR SHOULD I TICK BOTH COLUMN SINCE IT IS A JOINT CLAIM? OR WILL I TICK MY PARTNER COLUMN ONLY (BUT REMEMBER TAX CREDIT COME IN MY NAME ON THE JOINT AWARD LETTER MAYBE BECAUSE SHE IS ON MATERNITY ALLOWANCE)
PLEASE HELP ME WITH ANY IDEA ASAP. THANKS

[John]

sorry my wife did not declared my income at all

Is that really the case? The joint claim has been made, and your wife's income disclosed, and details of your income withheld?

[ola1]

No john, please get it right

my wife has no income to declared, because she couldn't return to work but just continue on maternity leave second time and her boss said she is not entitle to SMP. so she had to claim MA from job center. my wife was only claiming CB and CTC so when we have to correct claim she then declared my income. this is the case
thanks

[John]

No john, please get it right

Me get it right? Please appreciate that no one can post a reply except by taking account of what has been posted already. As that includes a post from you :-

sorry my wife did not declared my income at all

-: I am, well, totally confused, and so bow out quietly from posting in this topic.

[John]

No john, please get it right

Me get it right? Please appreciate that no one can post a reply except by taking account of what has been posted already. As that includes a post from you :-

sorry my wife did not declared my income at all

-: I am, well, totally confused, and so bow out quietly from posting in this topic.

[francis259]

Hello Wanderer
i have been reading the post here, i have got some questions my partner (UK citizen) is claiming benefits i am subject to immigration control and cannot claim. i have been working full time (may 2013) but she has not informed the benefit organisation about my income until (feb 2014), i would like to know whats going to happen and if this would disqualify me from ILR.
she claims:income support, housing benefit, tax benefit, child tax credit (my name is on it but she is the claimer), carers allowance, child benefit (my name is on it but she is the claimer), disability & council tax benefit.
as at today when she informed the benefit organisation some of her benefits where put on hold and some where still granted.
please can you help me with some information
thank you

[avianca747]

Good morning all;

I am as confused as some of you in this forum in regards to Child Benefits and ILR applications.

I am a British Citizen, Married to a South American who has her own Child here with us. I applied for Child Benefit under my name and now we have had a payment, we are not really sure if we should keep this money, as their application is to be sent next month.
Is this benefit going to jeopardise their application? Shall I call back the benefits office and get them to cancel this claim?

Also on the other hand, this Biometric prints that they need to provide to the Home Office when we send in the application, is it done afterwards? as the Post Office wont do them unless we have a letter asking for these to be done?

Many thanks for your advise in advance

Regards

[John]

s this benefit going to jeopardise their application? Shall I call back the benefits office and get them to cancel this claim?

For reasons fully covered numerous times in this section of this board the answers to your questions are ..... no ..... and .... no!

I shall let someone else deal with the biometric point.

[RANA-ALI]

Also on the other hand, this Biometric prints that they need to provide to the Home Office when we send in the application, is it done afterwards? as the Post Office wont do them unless we have a letter asking for these to be done?

Many thanks for your advise in advance

Regards

Yes it has to be done after u submit the application
So once u submit their applications first they will receive acknowledgement letter through post and after few days u should receive bio metric enrolment letter ,
which contain applicant detail and the
barcode for post office to scan in for fingerprint. Make sure all details(applicant name..etc) on
bio metric enrolment letter are correct prior to taking it to post office .

[voopuk]

Hi hope someone can assist on this matter.

My wife is British citizen and I am on a spousal visa
with my son, I am in the process of applying for my I ILR but my wife has been claiming child tax benefitbenefits. Will this effect our application.
Many thanks