claiming benefits and student visa extension

papasomto · Post by **papasomto** » Sat Sep 11, 2010 1:03 pm

help pls. we were encouraged by the health officer to apply for child and working tax benefit. i did eligibility test online at hmrc website and was told to apply-though we are under immigration control, we may be eligible. we applied and it was approved. our extension is due january, i have heard several stories about benefits now and i dont want to get into trouble. i want to call them and stop it. will it affect it? what do i do at this point. my wife is working while am in fulltime study. we are both foreign students and have no recourse to public funds on our passport.

andro11 · Post by **andro11** » Sun Sep 12, 2010 9:21 am

Hi

As a full student and subject to immigiration control with no recourse to public funds you should not have claimed these benefits, simply you are breaching the immigiration rules, you should stop all the benefits and try to return all the money to the HMRC before applyiong for an extension also write a covering letter with your application explaining that it was a mistake and you have returend all the money and the end it is up to the caseworker

good luck

Post by **John** » Sun Sep 12, 2010 9:44 am

papasomto, what is the nationality of you and your wife? And if either of you worked in another country, apart from that of your nationality, before coming to the UK, please give details.

papasomto · Post by **papasomto** » Sun Sep 12, 2010 11:09 am

John wrote:papasomto, what is the nationality of you and your wife? And if either of you worked in another country, apart from that of your nationality, before coming to the UK, please give details.

Hi John, we are both Nigerians. we have not worked elsewhere apart from Nigeria. i heard the other comment a comentator about repaying, i intend starting that but i wont be able to finish the repayment by january. what do you suggest pls?

papasomto · Post by **papasomto** » Sun Sep 12, 2010 11:11 am

andro11 wrote:Hi

As a full student and subject to immigiration control with no recourse to public funds you should not have claimed these benefits, simply you are breaching the immigiration rules, you should stop all the benefits and try to return all the money to the HMRC before applyiong for an extension also write a covering letter with your application explaining that it was a mistake and you have returend all the money and the end it is up to the caseworker

good luck

thanks, i intend starting to repay that now but i cant finish it before january when we are due for extension, what do you reckon i do?

Post by **John** » Sun Sep 12, 2010 2:40 pm

papasomto, you should not be claiming those benefits and the important thing now is that the claims are withdrawn as soon as possible.

If you read the Public Funds question on the form you will use for your visa extension you will see that it is in the present tense .... Are you claiming .... and obviously you will complete the form truthfully, and if nothing is being claimed when the form is being filled in then clearly the correct answer to that question is "No"!

Had the UKBA designer of the form asked the question "Are you or have you claimed Public Funds?" then it would be a different matter, but UKBA have decided not to ask that question .... thankfully!

papasomto · Post by **papasomto** » Sun Sep 12, 2010 3:32 pm

John wrote:papasomto, you should not be claiming those benefits and the important thing now is that the claims are withdrawn as soon as possible.

thanks John, i will do that right away

Immigrationboards.com: Immigration, work visa and work permit discussion board

claiming benefits and student visa extension

claiming benefits and student visa extension