Tier 2 refusal over public funds

[plaistow2005]

Hi,

I made an application for an extension to my four year visa. It was refused because they stated that I requested child benefit for my son who was born in the UK. Is there anybody who can help me or give me any advice?

Thank you very much

[arsenal49]

did you?

if you did, then you are in breach of immigration rules and thats why your app was refused

regards

[plaistow2005]

thanks for replying,

can the issue be resolved by paying back the money?

regards

[John]

plaistow2005, what is your nationality, and the nationality of your spouse?

Also, if either of you worked in another country, apart from that of your nationality, before coming to the UK, please give details.

[plaistow2005]

Hi John,

Hoping you can help me for my application as I am in a very stressful situation.

I came to the UK (all from Middle East) on 2003 with a student dependent visa and start to work.
In 2005 my baby was born in the UK and I claimed child benefit and tax credit for the baby.
In 2007 I switch to a 4 years work permit visa through an entry clearance application while receiving the benefits.
In 2010 I applied for an extension under Tier 2 general and I stated that I am receiving child and tax benefit. Unfortunately the application was refused over the public fund.
I have contact HMRC and ask them to stop the benefit and I want to return the money back. HMRC suspended the account but according to their policy they don’t accept the return as they think I am legally entitle for it. However I am in negotiation with them to convince them to return the money.

I have filled a fresh application and stated that I have stopped to receiving any benefit and trying to return it back.

Do you think this will resolve the issue?

Thanks

[plaistow2005]

Hi John (or anyone who can answer to my post)

According to page 36 of
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

It says the person who claimed public fund but can maintain him/her without the benefit should not be refused and only should stop the benefit.

Is this correct?

[plaistow2005]

I also found from page 30 of

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

“You must investigate whether the applicant received the public fund because of anexception or due to an administrative error. If a person has received a public fund and it is not because of an exception or an administrative error by the local authority then you must consider them as having received public funds.â€

[John]

Are the above points count as administrative errors?

I certainly think you could argue that. As I say it, based upon what you have posted, you should not have been paid the Child Benefit, and everything else stems from that.

[nikki9920]

thanks for replying,

can the issue be resolved by paying back the money?

regards

Hello plaistow2005,

Have you contacted HMRC to explain your situation and try to return the monies?

Beside that did you tick the box on form i.e. you are receiving public funds?

Let me know.
Regards,

[plaistow2005]

Hi nikki,

As I explained above, I have contacted HMRC and asked to retune the money back but they say according to their policy they cannot accept it, however in my new application I said I am not getting benefit as I already stopped that.

I guess the decision on my application was wrong as the home office did not check it with HMRC. Even though according to the Home Office policy they should not refuse the application when there is an administration error or the person is not relying on the benefit. We have told this to the case worker but she said she made the decision and cannot stop it.

[nikki9920]

Hi nikki,

As I explained above, I have contacted HMRC and asked to retune the money back but they say according to their policy they cannot accept it, however in my new application I said I am not getting benefit as I already stopped that.

I guess the decision on my application was wrong as the home office did not check it with HMRC. Even though according to the Home Office policy they should not refuse the application when there is an administration error or the person is not relying on the benefit. We have told this to the case worker but she said she made the decision and cannot stop it.

Hi,

I am hoping that you were given chance to appeal? beside that, could you get in writing from HMRC about their final decision i.e. on what grounds they have consider your application ?

Before that, kindly check if you had condition on your visa back in 2005 i.e. "no recourse to public funds"? if so then how could HMRC claims that you were entitle to this claim in first place?

beside that do you recall that how did you answer question on child benefits application in regards to "are you subject to immigration control yes/no?"

If you can confirm that you said yes to above question and provided HMRC your copy of visa then this seems to be administrator error in my view..... (I am not expert in this legal matter) but just trying to share my experience to see if that can help any one....

Keep us in the loop if there is any further updates...

Regards,

[plaistow2005]

Hi nikki,

Thanks for giving me the advice.

1-my status always been "no recourse to public funds".

2- I am not sure what was the initial answer to HMRC form. Actually the original form was given to me by my employer and when I asked: am I entitle for it? they told me just fill it and send it to them, they will tell you are or not.
on 2004 for the first child how born outside the UK they said you are not entitle but on 2005 for the child who born in the UK they said you are entitle. Following to that HMRC engorged me to apply for tax credit.

3- HMRC is not easy to access for me. I only can to call them and when I talk to them they like me to answer to their question not ask them a question. Unfortunately I could not get a copy of my original form from them and cannot convince them to give me a letter regarding the error. I only got a confirmation which shows I stopped getting tax credit and should transfer the balance. I sent this letter with my new application to Home Office.

4- My previous application had no right of appeal. That’s may be (?) becuse I still had visa to apply for a fresh one.

5- In new application I said I am not getting any benefit and wrote to them that I only followed the HMRC advice and if you think that was wrong I am ready to pay back the money.

6- I am waiting now for the result of the new application. I am an ordinary woman under extraordinary pressure of the Home Office decision. Their argument on my previous application was out of my control and was related to the confusing rules between HMRC and Home Office, but I am hoping they understend this and resolve the issue by themselves.

Your advice appreciated in advance.

[nikki9920]

Hi nikki,

Thanks for giving me the advice.

1-my status always been "no recourse to public funds".

2- I am not sure what was the initial answer to HMRC form. Actually the original form was given to me by my employer and when I asked: am I entitle for it? they told me just fill it and send it to them, they will tell you are or not.
on 2004 for the first child how born outside the UK they said you are not entitle but on 2005 for the child who born in the UK they said you are entitle. Following to that HMRC engorged me to apply for tax credit.

3- HMRC is not easy to access for me. I only can to call them and when I talk to them they like me to answer to their question not ask them a question. Unfortunately I could not get a copy of my original form from them and cannot convince them to give me a letter regarding the error. I only got a confirmation which shows I stopped getting tax credit and should transfer the balance. I sent this letter with my new application to Home Office.

4- My previous application had no right of appeal. That’s may be (?) becuse I still had visa to apply for a fresh one.

5- In new application I said I am not getting any benefit and wrote to them that I only followed the HMRC advice and if you think that was wrong I am ready to pay back the money.

6- I am waiting now for the result of the new application. I am an ordinary woman under extraordinary pressure of the Home Office decision. Their argument on my previous application was out of my control and was related to the confusing rules between HMRC and Home Office, but I am hoping they understend this and resolve the issue by themselves.

Your advice appreciated in advance.

Hi Again,

I came across this http://www.hmrc.gov.uk/childbenefit/ch24a.htm
it in reference to child benefits decision. I hope this may be helpful to you.

Good luck with your application. I prayer and wish you for good outcome. (amen)

Regards,

[plaistow2005]

Guys,

Just received a letter from home office saying the issue has been resolved and my residency has been approved.
I would like to thank to those who helped me on this matter, especially John and Nikki - I really appreciate your great support.

Thanks a lot

[Tan11]

Dear plaistow2005'
I have exactly same problem. Can you please guide me how to resolve this. I shall be very grateful.
Thanks

[Amber]

Tan11 Please see here (click)