ILR refused due to claiming child benefits

arts99 · Post by **arts99** » Mon Mar 01, 2010 9:58 pm

hi,

can anyone please guide as to what shall be the best course of action if the ILR application is rejected for a couple on Tier 1 General visa?

they have stopped claiming the benefits now but can they apply again for ILR?

Post by **John** » Mon Mar 01, 2010 10:02 pm

Has the ILR application already been rejected? Or are you just fearing that it might be rejected?

And what do you mean by "child benefits"? Child Benefit? Tax Credits? Both?

The couple? Their nationalities? And if either or both worked in a another country, other than that of their nationality, before coming to the UK, details please.

arts99 · Post by **arts99** » Mon Mar 01, 2010 10:14 pm

thank you for your reply.

the application has already been rejected they were just claiming child benefit payments due to the child having born in UK.

they both are from bangladesh and never worked in any other country before; does that make a difference?

your help and guidance is much appreciated!

Post by **John** » Tue Mar 02, 2010 7:47 am

I am very sorry to hear about this, but there was no ability to claim Child Benefit, and for them it did amount to Public Funds.

I have no suggestion about what they can do now. There was a clear breach of the conditions of their visas.

arts99 · Post by **arts99** » Tue Mar 02, 2010 9:00 am

yes i understand their visa conditions are breached due to it; however could the following work?:

they have already stopped the benefits and can return all the money they recieved to the government department, get a letter from the department confirming the same and next time they apply attach that letter.

i understand its their fault but they should'nt be totally penalised for it because the department which manages the child payments had seen their passports and the visa stamps on it and yet decided to pay them.

thank you

shabz_81 · Post by **shabz_81** » Tue Mar 02, 2010 11:07 am

So, I take it the ILR application was rejected on the basis that child benefit was being claimed, neither of them were British citizens by birth, both parents had visa's endorsed with no recourse to public funds.

arts99 · Post by **arts99** » Tue Mar 02, 2010 11:13 am

@shabz_81 yes thats true.

shabz_81 · Post by **shabz_81** » Tue Mar 02, 2010 11:26 am

Right okay in that case as John has mentioned they would not have the ability to claim child benefit. Did they ring the Child Benefit line first to confirm their eligibility, because usually they would just refer the claim to the Home Office if the named applicant(s) was under immigration control.

booboo2010 · Post by **booboo2010** » Tue Mar 30, 2010 6:20 pm

shabz_81 wrote:Right okay in that case as John has mentioned they would not have the ability to claim child benefit. Did they ring the Child Benefit line first to confirm their eligibility, because usually they would just refer the claim to the Home Office if the named applicant(s) was under immigration control.

There was a similiar case where a doctor couple were getting child benefit but were not aware thats its recourse to public fund and their ilr got rejected but they defended it on the court and showing innocence and payed back all the money to the HM revenue and got ilr

jayc · Post by **jayc** » Sat Apr 10, 2010 8:34 pm

Hmmm, any prove of this case, booboo2010?

email257525 · Post by **email257525** » Fri Apr 16, 2010 6:12 pm

dear members,

Is statory maternity pay classed as public funds? Is it allowed for a tier 1 depandant to take it.

Regards..

Post by **John** » Fri Apr 16, 2010 7:39 pm

Is statory maternity pay classed as public funds?

No it is not, and indeed nothing maternity-related is within the Public Funds definition.

snupy · Post by **snupy** » Sat May 08, 2010 10:01 pm

hi,
i am about to apply for my ILR, and I am already receiving child benift? so will application will be rejected.

Wanderer · Post by **Wanderer** » Sat May 08, 2010 10:06 pm

snupy wrote:hi,
i am about to apply for my ILR, and I am already receiving child benift? so will application will be rejected.

Based on the above, yes.

Post by **John** » Sat May 08, 2010 10:09 pm

snupy, it is impossible to answer your question, without more information.

What sort of visa do you currently have? The nationality of your spouse? Indeed your nationality? And prior to coming to the UK, did you work in any other country apart from that of your nationality? If yes, details please.

snupy · Post by **snupy** » Sat May 08, 2010 10:19 pm

thanks for ur reply.

me and my spouse both are indian and i came here on workpermit. converted to tier1 last year. so as i came on workpermit, i used to work in india, not worked in any another country.

Post by **John** » Sat May 08, 2010 10:22 pm

Assuming your spouse has also not worked in another country, apart from India, you have no right to claim Public Funds, and need to withdraw the claim to Child Benefit immediately.

snupy · Post by **snupy** » Sat May 08, 2010 10:25 pm

My spouse worked here for few months and stopped while she is pregnant.

can i call immediately to stop my child benifit before applying my ILR?

Post by **John** » Sat May 08, 2010 10:36 pm

Well I suspect you cannot call at this time of night, but you should withdraw the claim in the very near future.

Post by **John** » Wed Jun 16, 2010 2:37 pm

shimlee143, the answer to you is given in the first pinned topic in this Claiming Benefits section of this board.

nyameye · Post by **nyameye** » Mon Jun 21, 2010 11:01 pm

shimlee143 wrote:hi there, i need healp regarding my application for the indefinate stay which is due next year may 2011, my problem is that my wife is claiming housing and council benifit as she is british citizen, we are living in a council house , my wife is also claiming child befit for our 2 kids, our 1 year old son and 1 month old daughter, she also claiming child tax credit, i have no job in these days, and she cannot work as well as she have to look ofter our 2 kids, she is also not fit for work. i dont know if she can get the benifits as she is sponsering me as well. please any 1 healp me regarding this mater, wht i need to do, thanks

As long as you are not claiming these benefits in your name you will be fine. If your wife is not fit to work...... what about you??
Why don't you find something to do to support your kids??

shimlee143 · Post by **shimlee143** » Tue Jun 22, 2010 2:48 am

thanks for reply nyameye, only my wife is claiming benifits, but for the child tax credits she had to claim as a couple, as for the tax credit it has to be claim to togeather, so i am the joint claimer in the tax credits,
i am despirtly looking for the work so i can healp my faimly,
regards

nyameye · Post by **nyameye** » Thu Jun 24, 2010 12:28 am

shimlee143 wrote:thanks for reply nyameye, only my wife is claiming benifits, but for the child tax credits she had to claim as a couple, as for the tax credit it has to be claim to togeather, so i am the joint claimer in the tax credits,
i am despirtly looking for the work so i can healp my faimly,
regards

As long as she is the main applicant on the tax credits you will be fine.
Its really difficult getting jobs these days.... good luck with your job search.

Post by **John** » Thu Jun 24, 2010 7:24 am

As long as she is the main applicant on the tax credits you will be fine.

Who is the main applicant is not an issue. In the circumstances we are talking about here the Tax Credits claim must be in joint names, and it really does not matter who is the first-named applicant and who is the second-named applicant.

nyameye · Post by **nyameye** » Thu Jun 24, 2010 11:34 am

John wrote:
As long as she is the main applicant on the tax credits you will be fine.
Who is the main applicant is not an issue. In the circumstances we are talking about here the Tax Credits claim must be in joint names, and it really does not matter who is the first-named applicant and who is the second-named applicant.

Well .... there you go. Just as John is saying... there is nothing for you to worry about.

Thanks for the correction John.

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