ILR refused due to claiming child benefits

[Qurat Ul Ain]

Dear Everybody,

I have read all the forum discussion in the Benefit section but my problem is a bit different now.

Actually I am a British Citizen and my husband is on Spouse Visa and he works 30 hours per week. The problem is that I applied for Housing Benefit in December 2008 and am getting the claim since that time. At the time when I got the claim i reconfirmed (no written evidance available) with the housing benefit people and they said that its the single rate that I am getting so, i kept the things the way they are but today when my husband went to an immigration consultant and showed him the documents then he replied that it is not the single rate that has been paid but it is the couple rate which is being paid since December 2008.

Almost same is the case with the Council tax as well. I can't really understand what and when the things went wrong. My husband's ILR application is due very soon and now we are too much worried that how to resolve this matter.

The third thing is that I am getting Disability Living Allowance as well. But I think the DLA won't be a trouble in my husband's case.

Can you please advise us that what should be done in this regard. I just want to tell you that we are expecting a baby and I don't work. Now you can understand that how despirately I need my husband to be with me and if anything goes wrong then we will be in deep trouble.

Regards,

Qurat Ul Ain

[John]

You say you are expecting .... congratulations ..... but are there already any children living in your household?

[Qurat Ul Ain]

Dear John,

I thank you very much for your reply.

With regards to your question, this is going to be our first child.

Actually it is extremely difficult to explain the situation to you that what actually happened with both of us. I will try my best to explain this to you only if you want John.

The problem is that when we applied, I supplied all the documents (my passport, my husbands passsport and my husbands visa) but the question is that why did they started paying us on couple rate. I said this to the council people that I am ready to pay all the money received from you in relation to council tax and housing but they say that we can't receive money from the claiment. They say that we only ask for money back once we think that the amount has been wrongly calculated but not in our case.

My intention was just to apply on my own name and actually i did the same thing but the only point where we went wrong is that we never understood what is the difference between SINGLE RATE and COUPLE RATE.

Please advise us what we should do. We are ready to pay the money back. Its all a mistake from our end and it's not intentional and the problem is that we came to know about it very late.

Regards,

Qurat Ul Ain

[John]

OK, I asked about any existing children because as regards Housing Benefit the income disregard is the same for a "single parent with one child" as for "couple and one child", so where there are child(ren) in the household there cannot possibly be a problem.

But is there a problem anyway? I have a suspicion that the immigration adviser you consulted has misinterpreted the situation. We are talking here about para 6A of the Immigration Rules, the relevant part of which reads :-

For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P's sponsor unless, as a result of P's presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public fund

So the question is not whether the Single Rate or the Couple Rate has been used in the HB calculation, but whether an increased amount of HB is payable because the visa holder is in the UK. But of course here the visa holder is working 30 hours per week and no doubt those earnings are being taken into account in assessing the amount of HB actually payable.

Or put it another way, if the visa holder was not in the UK, and therefore Single Rate HB was being paid, their earnings would not be being earned, and I strongly suspect that taking those two factors into account, more HB would be payable. Accordingly as it says in para 6A, "a person (P) is not to be regarded as having (or potentially having) recourse to public funds ......".

Qurat Ul Ain, if you want to PM with details of the HB calculation, and obviously in confidence, then feel free to do so.

Once the baby is born, there is no problem you claiming Child Benefit, and you and your husband jointly claiming Tax Credits.

[Qurat Ul Ain]

Dear John,

You can't ever believe that how happy i am to see that how you are trying to help me out of this.

I am feeling alive now that there could be some possibility in my case and there is a light of hope as well.

I will send you my benefit details in PM just now. Please give it a look and do let me know as i am waiting anxiously for it.

Regards,

Qurat Ul Ain

[nikki9920]

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?

Hi Snupy,

If you don't mind, may I ask if you have apply after paying back to HMRC? and what was outcome?

by the way, did you tick the box on ILR application that your claiming child benefits?

Regards,

[nikki9920]

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

Hi arts99,

If you don't mind, may I ask if you have re-apply after paying back to HMRC? and what was outcome?

And do you recall that if you have ticked the box on ILR application that you are claiming child benefits?

Regards,