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Advice please

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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siamsteve
Newbie
Posts: 44
Joined: Mon Jan 28, 2008 11:48 am

Advice please

Post by siamsteve » Mon Oct 25, 2010 7:32 am

I would like to know if claiming Tax credit's for my wifes three children will affect the IRL set M application in April next year my wife along with her children are non EU citizens.

I have never ever claimed any benefits or been unemployed but feel i should be able to claim at least Child tax credit'sI have completed a provisional assetment on the goverment tax website and it looks as though i can but whilst reading up on the IRL terms on the application i have found a small paragraph that if you do claim any benefits of any kind could still give the ECO enough ammo to block my wife and childrens application i understand that Tax's credits are not classed as public funds.

Any advice would be helpful

siamsteve
Newbie
Posts: 44
Joined: Mon Jan 28, 2008 11:48 am

advise on tax credit

Post by siamsteve » Mon Nov 15, 2010 11:04 am

Can anybody give me an answer?

vinny
Moderator
Posts: 32984
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Nov 15, 2010 11:12 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

siamsteve
Newbie
Posts: 44
Joined: Mon Jan 28, 2008 11:48 am

Just some advice please as i'm very confused!!

Post by siamsteve » Tue Nov 16, 2010 8:59 am

Just recently after reading up on the applicaton for ILR form set M i came accross some advice about claiming child and working tax credits as it is not classed as public funds? From what i understand and after completing the HMRC online assement form which i included my income and my wifes income for the last financial year and that we have 3 children in full time education HMRC have confirmed that we can claim? ( Children arrived Middle of the year and have the same visa expiry date as my wife)

I am just worried because I have also read the UK Border agency guidance based on Immigration valid from 16 June 2010 Page 5 subject benefits that count:Public funds child benefit and child tax credit are classed as public funds.
But i have also found on page 38 of the same document the following paragraph

If the sponsor needs to claim more public funds to support the applicant but these are funds that the sponsor and dependant would be jointly entitled to you must not refuse the application. For example, if the increased funds fall under the tax credits regulations, such as working tax credits or child tax credits, then you must not regard the applicant as having accessed public funds.

I just have one question which i hope someone can give an answer to: Can we claim this child tax credit or will this have any impact on our application for ILR form setM

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