wp - ILR

[kisho]

We are due to apply for ILR in April 2006 after completing 4 year period under work permit.
My questions?
1. We arived in UK on april 2002 under work permit and immediately we have changed another company, for which Home office has given work permit which is valid until August 2006. ~Will these period will counted as 48 months?

2. Due to unkown reasons we noticed WTC(Working Tax credit ) was credited to our account, as of this situation we have written to WTC ststing that we do not require any WTC and hence we will refund the money, for which they have informed us that they will send us letter and we have received letter from the office that they stoped the payments.

3. As of this situation how are our chances of getting ILR?

any positive response is most appreciated.
kisho

[Wanderer]

How can you get WTC without claiming it? It doesn't miraculously appear.

Steve

[kisho]

Thank u very much for prompt reply.

we filled application on line and gave or details and enquired wehther v r eligible.

[mhunjn]

So that's not actually an unknown reason... is it?...

Due to unkown reasons we noticed WTC(Working Tax credit ) was credited to our account,

we filled application on line and gave or details and enquired wehther v r eligible.

[Wanderer]

So that's not actually an unknown reason... is it?...

Due to unkown reasons we noticed WTC(Working Tax credit ) was credited to our account,

we filled application on line and gave or details and enquired wehther v r eligible.

http://www.ukresident.com/forums/index. ... topic=5075

2. We were under impression that working Tax credit is a refund of tax paid during your employment with employer and the Tax office has granted and they paid amount, but as soon as we realised that WTC is public funds we immediately approached Tax office and informed them to stop the payment and accordinlgy they have stopped the payment and we have received letter from them stating they have stopped.

I've no idea if IND can check Inland Revenue records but you certainly need to pay back any Tax Credits, get your story straight and pray.

Steve

[kisho]

mhunjn

Thank u very much for reply.

As v r not sure, we just filed out of ignorance not knowing the fact that it comes under public funds.
But v have refunded the amount and they havestopped the payments.

But our query is what will happen if v apply for ILR and any suggestion on this is most appreciated.

[John]

Kisho, this is actually a bit more complicated than it appears at first glance.

Firstly can I ask the nationality of your and your spouse? That can actually make a difference.

Secondly, when the Tax Credits application was filled in online, there is a question that asks whether each of you is subject to immigration control? Were those questions answered to indicate that both of you are indeed subject to immigration control?

Please post answers to those questions.

[olisun]

the name kishore suggests he is from India

[kisho]

THANKS JOHN

V R FROM INDIA,

WHILE ON ONLINE APPLICATION THERE IS A QUESTION ABOUT IMMIGRATION CONTROL AND V HAVE STATED V UNDER IMMI CONTROL.

[tvt]

You should have no problems even if you don't return the credits. You also don't need to mention this on your SET(O) application.

Read this guidance made by the Home Office:
http://www.ind.homeoffice.gov.uk/ind/en ... 0funds.pdf

5.1.6 Wrongly paid tax credits by HMRC

When child and working tax credits were introduced in 2003, they were paid in error to some individuals subject to immigration control. HMRC are stopping payments to anyone incorrectly awarded tax credits.
In such cases, the erroneous receipt of tax credits will not count as recourse to public funds.

[John]

Kisho, if those immigration control questions were answered truthfully, as you say, then I totally agree with TVT.

Indeed if you ever do get a claim from HMRC for the return of the money then you should challenge that.

The Dawn Primarolo (Treasury Minister) statement to the House of Commons makes it very clear that where Tax Credits were paid because of their error then they do not need to be repaid.

So Kisho, proceed to apply for the ILR and stop worrying.

You will see how different it would be if someone actually subject to immigration control had answered that question "no", then not only would that be a criminal offence under the Theft Act .... obtaining a pecuniary advantage by deception ... but also they would need to repay the money wrongly obtained.

[kisho]

THANKS TVT, AND JOHN AND OTHERS FOR UR MOST VALUABLE COMMENTS AND THE RELEVANT LINKS