Tier 2 Child Benefit and Tax Credit.

[katvenk]

Hello,

I never thought this will be a worry. My situation is as follows. I am currently on a work permit from Jan 2008. I have my wife here as my dependent. We had a baby in 2009 (born in UK) and when the baby was born we applied for child benefit and child tax credit. I did not know that I was not entitled to it. I submitted photocopies of my visa and the HMRC also did not pick it out. SO I started receiving both of them from July 2009 to March 2010 when my friend who is also on a work permit told me that the fact that I am receiving these funds should be a mistake.

So I wrote and called HMRC and my child benfit was stopped from Apr 2010 and the Child benefit team did not want me to pay anything back because they realised it was their mistake too for not spotting my imigration status from my visa photocopy in my application. However the Tax credit people wanted the money back. So I am paying them back in monthly installments.

Now I am making a Tier 2 application. Since I am carrying on the same job I automatically get 50 points. So everything in the application is fine. However I am not sure what I should fill under the benefit section. The question states "F1. Is the applicant receiving any public funds? (Yes/No)"
I am currently not receiving any public funds so my answer would be no. However I have received for a 9 month period before. Should I state it in my application. I donot want to lie on my application (I think hiding information would be fraud too). So currenly I have planned to attach a letter stating the complete history.

Your opinions will be very much appreciated.

Many thanks
Venkat

[John]

What is your nationality, and that of your spouse? And if either of you worked in another country, apart from that of your nationality, before arriving in the UK on your Tier 2 visa, please give details.

[katvenk]

Al are indians. Never worked outside UK.

[John]

OK, that confirms that there was no entitlement to claim those benefits. But they have already stopped being paid, so the honest and correct answer to the Public Funds question on the ILR application form is "No"!

[katvenk]

Thanks John.

Would you recommend me to attach a letter stating what happened. Or not bother?

[John]

I shall answer in this way. That is, if I were in your circumstances I would not attach a letter of the sort mentioned by you.

But it is totally up to you how you proceed in this matter.

[Faithful]

John, you're the best!!!!!!!!!

[doc44]

Hi,

I am in the same situation. was getting child benefit and tax credit but no more. Had it stopped as soon as realised that it is an unknowing mistake. Just want to check with you (katvenk) the outcome of your application. Do you get your visa stamp al right?

I have to extend mine by September this year. Thanks

[doc44]

I shall answer in this way. That is, if I were in your circumstances I would not attach a letter of the sort mentioned by you.

But it is totally up to you how you proceed in this matter.

Hi John,

What's your suggestion. My case is that I applied for child benefit and tax credit when my child was born on our health visitors information. But after a month of my child's birth my wife and child went back home to our country of residence for more than 3 months. I informed HMRC of this change and I was told that my child benefit and tax credit will stop because my wife and child are out of the country for more than three months.

It is stopped now and I was told that I need to re apply from start once my wife will be back. Meanwhile I realised from few friends that we are not eligible for these funds so I am planning to not to re apply for these benefits.

What should I mention in my Tier 2 form in section F are you getting any public funds? I have to apply in coming September. Thanks. Secondly do I need to contact HMRC and need to inform them of this situation?

Regards.

[John]

What should I mention in my Tier 2 form in section F are you getting any public funds?

You should complete the application form accurately and completely. But if you look at that form you will see that the Public Funds question is asked in the present tense .... are you receiving .... and if at that time you are not claiming then the correct and honest answer to that question is ... "No" !

As I understand it, because of absence from the UK, the claims are currently on hold. I think you should write to both the CB office and the Tax Credits office formally withdrawing the claims.

doc44, we do not know your nationality, and that of your wife. Where is that? After all, are you absolutely sure you had no entitlement to claim CB?

[doc44]

Hi John,

Thanks. I have checked with HMRC again and they have told me that both the benefits are formally ended and are not on hold. If I want to claim again I have to start everything from scratch.

Secondly, we are from Pakistan and am on work permit and my wife is a dependant. We were issued benefits at first place on the reason that we are sponsored immigrant (sponsored by a UK employer). HMRC knew of our immigration control restictions and nationality.

Regards

[John]

I have checked with HMRC again and they have told me that both the benefits are formally ended

That clarification is useful. So the Public Funds question can be answered "No".

we are from Pakistan and am on work permit and my wife is a dependant.

Unless either, or both, you and your wife worked in Canada before coming to the UK, there was no ability to claim CB or TCs.

On the applications forms for CB and TCs there is a question such as "Are you subject to immigration control?". So you recollect how that question was answered?

[Omnama]

Hi,

I was on a tier 2 visa earlier and had claimed CB for for 7 months by mistake. My husband is in tier 1 general visa. I went to home country for more than 3 months hence cancelled the CB. Now I am back in UK on a tier 1 general dependent visa and not claiming CB. Our tier 1 visa is due to expire next month and we planned to go on a same day appln. The dependent application has a question which states 'Are you currently receiving or have you ever received public funds in the UK?' I'm really worried if answering this question will affect my Husbannd's Visa? We both hold Indian citizenship and not worked in Canada. Please provide a solution or work around for us.

[plkaa]

I am I ndian by nationality and i have applied for tier 2 visa extension. I am currently receiving child benefit. I was completely unaware that I should not be on it. I have mentioned "yes" to receiving child benefit in the application. My application is delayed as I applied on 7th July 2012 and am still awaiting outcome. what should i do now? Are they going to refuse me visa because I received CB? Should I call HM&Rev and cancel my CB and then inform UKBA? Is this causing delay in the application? please help.

[plkaa]

I am Indian by nationality and i have applied for tier 2 visa extension. I am currently receiving child benefit. I was completely unaware that I should not be on it. I have mentioned "yes" to receiving child benefit in the application. My application is delayed as I applied on 7th July 2012 and am still awaiting outcome. what should i do now? Are they going to refuse me visa because I received CB? Should I call HM&Rev and cancel my CB and then inform UKBA? Is this causing delay in the application? please help.

john, please help me.

[ahmadh294]

Hi Plkka

Could you please let me know if you have heard from the Home Office yet ,I'm facing the same problem .please advise

Thanks

[thanx2u]

@pikka
Please update with out come of your app
Any problem due to CB.