Tax credits and spouse with no permission to remain?

[Monifé]

Hi all,

After much googling, I could not find an answer so thought someone here might know.

Does anyone know if I can claim my husband's tax credits while he has no current permission to remain and is not allowed to work (spouse of Irish national application with INIS)?

Any help is much appreciated.

[fatty patty]

Your husband has PPS No. you can declare in revenue that you are married and claim his credits. Your husband's visa status is none of their concern.

[Monifé]

Your husband has PPS No. you can declare in revenue that you are married and claim his credits. Your husband's visa status is none of their concern.

After a bit more googling, it seems you have to be ordinarily resident to claim tax credits. My husband wouldn't be considered resident or ordinarily resident as he is not legal or permitted to work at the moment.

Should I just chance my arm and ring the tax office anyway, and say nothing about his status, just give both our PPS numbers and see what they say?

[koded]

Monife, it is your husband's PPS no and your marriage certificate that is need for tax registration. You don't need to mention about his status.

[Directive/2004/38/EC]

Are you Irish or from another EU member state? And you are married?

[fatty patty]

Your husband has PPS No. you can declare in revenue that you are married and claim his credits. Your husband's visa status is none of their concern.

After a bit more googling, it seems you have to be ordinarily resident to claim tax credits. My husband wouldn't be considered resident or ordinarily resident as he is not legal or permitted to work at the moment.

Should I just chance my arm and ring the tax office anyway, and say nothing about his status, just give both our PPS numbers and see what they say?

Do the correct thing Monife and for once stop doing the right thing. BTW your husband is ordinarily resident he is waiting for his spouse of Irish case so in a technical sense he is not "illegal".

[Monifé]

Thanks guys Will ring the tax office tomorrow, haven't got hubby's PPS number with me.

@Directive: I am Irish and yes we are married. (I also hold British Citizenship but that route failed miserably)

[walrusgumble]

Your husband has PPS No. you can declare in revenue that you are married and claim his credits. Your husband's visa status is none of their concern.

After a bit more googling, it seems you have to be ordinarily resident to claim tax credits. My husband wouldn't be considered resident or ordinarily resident as he is not legal or permitted to work at the moment.

Should I just chance my arm and ring the tax office anyway, and say nothing about his status, just give both our PPS numbers and see what they say?

Do the correct thing Monife and for once stop doing the right thing. BTW your husband is ordinarily resident he is waiting for his spouse of Irish case so in a technical sense he is not "illegal".

and the legal basis for your negligent opinion comes from where? until this man actually gets status he is illegal.it aint eu law here.if revenue asked for this evidence (they won't) they would n could keep it.say nought

[jebbaolu]

Your husband has PPS No. you can declare in revenue that you are married and claim his credits. Your husband's visa status is none of their concern.

After a bit more googling, it seems you have to be ordinarily resident to claim tax credits. My husband wouldn't be considered resident or ordinarily resident as he is not legal or permitted to work at the moment.

Should I just chance my arm and ring the tax office anyway, and say nothing about his status, just give both our PPS numbers and see what they say?

Do the correct thing Monife and for once stop doing the right thing. BTW your husband is ordinarily resident he is waiting for his spouse of Irish case so in a technical sense he is not "illegal".

and the legal basis for your negligent opinion comes from where? until this man actually gets status he is illegal.it aint eu law here.if revenue asked for this evidence (they won't) they would n could keep it.say nought

Maybe you need to read more European law, and see or know how people that reside legally for five years in any European country should be treated by law, if the revenue or the INIS requires any document of revenue dealings they're free to ask the applicant will deal with it.

How did you know that the person does not have a status ?

[Directive/2004/38/EC]

Monifé has made clear that the wife is presently here on the basis of Irish law and not EU law. Or at least that is what I understand.

[jebbaolu]

Monifé has made clear that the wife is presently here on the basis of Irish law and not EU law. Or at least that is what I understand.

Well, i just presume most immigrant in Ireland, for example the parent of Irish/European citizens and spouses of an Eu Citizens are here in Ireland on the basis of European regulations or case-law which the state signed up to obey, which is ''supreme'' per doctrines if i may correct you folks.

[fatty patty]

Your husband has PPS No. you can declare in revenue that you are married and claim his credits. Your husband's visa status is none of their concern.

After a bit more googling, it seems you have to be ordinarily resident to claim tax credits. My husband wouldn't be considered resident or ordinarily resident as he is not legal or permitted to work at the moment.

Should I just chance my arm and ring the tax office anyway, and say nothing about his status, just give both our PPS numbers and see what they say?

Do the correct thing Monife and for once stop doing the right thing. BTW your husband is ordinarily resident he is waiting for his spouse of Irish case so in a technical sense he is not "illegal".

and the legal basis for your negligent opinion comes from where? until this man actually gets status he is illegal.it aint eu law here.if revenue asked for this evidence (they won't) they would n could keep it.say nought

suggestion comes from as he is not currently been given any sort of deportation order. His case is with INIS which will take a year IMO to conclude, so in the meantime spouse can claim the credits for her husband. I agree that the non-EU spouse has not got a stamp from INIS at present but he is still in the system as being under process. He can also go to the Motor tax office and get his license (if he needed) by showing the letter that the case is under process. Remember he aint "illegal" nor he is "legal" its what shall we call it in a transition.

[walrusgumble]

Monifé has made clear that the wife is presently here on the basis of Irish law and not EU law. Or at least that is what I understand.

Well, i just presume most immigrant in Ireland, for example the parent of Irish/European citizens and spouses of an Eu Citizens are here in Ireland on the basis of European regulations or case-law which the state signed up to obey, which is ''supreme'' per doctrines if i may correct you folks.

you probably should not presume so.how many stamp 4 eu fam have been issued under zambrano as oppose to stamp 4?

[walrusgumble]

patty, you come across as a decent person, but please stop talking bollox.motor tax and a right to work are entirely two different things.you dont need to be legal immigrant to drive a car.you do need to be legal to work.at this time he is working without a permit.thats illegal and you can face fines and arrest.until he gets status (better chance now) he has no right to work.you are either illegal or your not.you don't see him getting temporary residency while waiting do you? he status as an asylum seeker has expired,his illegality is being tolerated so that his family is not disturb until they decide what to do.please support your opinion which legal reference of some sort and not unfounded opinion,please.monife try it,but they are being alot more observant now.you'll either get refused or not,they are unlikely to be doing their jobs fully in that he won't get noticed

[Monifé]

patty, you come across as a decent person, but please stop talking bollox.motor tax and a right to work are entirely two different things.you dont need to be legal immigrant to drive a car.you do need to be legal to work.at this time he is working without a permit.thats illegal and you can face fines and arrest.until he gets status (better chance now) he has no right to work.you are either illegal or your not.you don't see him getting temporary residency while waiting do you? he status as an asylum seeker has expired,his illegality is being tolerated so that his family is not disturb until they decide what to do.please support your opinion which legal reference of some sort and not unfounded opinion,please.monife try it,but they are being alot more observant now.you'll either get refused or not,they are unlikely to be doing their jobs fully in that he won't get noticed

Correction. He is not working, I am the sole provider while our case is pending.

I did ring the tax office, however I was not asked for his PPS and rather told to fill out a form and send it in and that I won't be able to claim his tax credits til next year anyway.

So I still don't know.

I am wondering to just send the form in and if they point blank say no I cannot claim them, grand. But will it cause any problems for us me trying to claim them and then be refused?

[IrishTom]

How does this failed asylum seeker have a PPS number?

Why was an illegal/failed asylum seeker allowed marry?

Why was he not deported with haste once his asylum claims were rejected?

Pertinent questions.

[EUspouse82]

How does this failed asylum seeker have a PPS number?

Why was an illegal/failed asylum seeker allowed marry?

Why was he not deported with haste once his asylum claims were rejected?

Pertinent questions.

Are you for real? Do you know his immigration history?

Are you having laugh? Why was wasn't he deported in haste? What do you mean by that exactly? Have you ever heard of term 'Due process' ? and hello he is married to an Irish citizen.

It seems this forum is been infiltrated by lovey...and by the way..how are your family members doing in Canada/US/ Australia/ England etc etc ?

The moral of the story...cop on!

[fatty patty]

ARRRGH JAYSUS (as they see in the emerald isle)!!!


Monife (Mrs X) wanted to claim tax credits of her husband (Mr. Y). As we all know Monife (Mrs. X) is a dual BRIT/IRISH citizen. She is a legal worker who has PPS number. Her husband (MR. Y) has also got PPS No. from before whenever he entered the country. He is not working and his tax credits are lying there not being used.

NOW.....Mrs X is married to Mr. Y and her Mr. Y case is with the Irish Immigration Authorities and is under process as being spouse of Irish citizen.

Mrs. X is working.....not Mr. Y as he is not allowed to work while his case is pending because he applied under spouse of Irish route and not Spouse of EU and to be clear for those who don't know spouse of IRISH route apps don't get any stamps when their cases are pending which takes upto a year while spouse of EU route do get stamp and their case only takes six months. Reverse discrimination and etc etc. (but thats a story for a different day)

Discussion is not about Mr. Y right to work, he cannot work while his case is pending, no one is disputing that. Its about tax credits! Mrs. X is in her right to claim Mr. Y's tax credits. END OFF!

BTW Mrs. X you can claim Mr. Y credits from whenever you lot got married.

[IrishTom]

Are you for real?

Yes.

Do you know his immigration history?

Yes. Hes a failed asylum seeker from Nigeria. His claims were rejected and I guarantee he has been back to Nigeria on holidays since he came to Ireland. Ergo, hes a charlatan.

Are you having laugh?

No, I find it very worrying that fraudsters are allowed to remain in the state after their claims for asylum were deemed to be unfounded.

Why was wasn't he deported in haste?

His asylum claims were unfounded. Next stop should have been Lagos airport.

What do you mean by that exactly?.

Deport failed asylum seekers. Each and every one of them. And their families.

Have you ever heard of term 'Due process' ?

Yes, he availed of it.

and hello he is married to an Irish citizen.

So what?

how are your family members doing in Canada/US/ Australia/ England etc etc ?

Ive no family over there. How many Irish in Canada/US/Australia fraudulently claim asylum?

[Monifé]

Do you know his immigration history?

Yes. Hes a failed asylum seeker from Nigeria. His claims were rejected and I guarantee he has been back to Nigeria on holidays since he came to Ireland. Ergo, hes a charlatan.

Correction. He has not been back to Nigeria since he first arrived here. His father passed away last year and he couldn't even go home and attend the funeral or say he last goodbyes.

Irish Tom, I thought we came to an agreement last year that you would leave me alone. My life or my husbands is frankly none of your business, and if you have no valuable advice to add to this forum, please kindly go away.

[IrishTom]

Hi Monife,

Why are you lying?

A quick google.ie search using your username, go home, Nigeria and your favourite phrase beloved, finds this; Due to many problems with my family (OH is not from Ireland, a lot of negativity and beloved but I won't go into it) and then my OH father passed away and he had to go home for a month, so we did not go ahead with the marriage.

If he can home for a month, why did he seek asylum in the first place?

[Monifé]

Hi Monife,

Why are you lying?

A quick google.ie search using your username, go home, Nigeria and your favourite phrase beloved, finds this; Due to many problems with my family (OH is not from Ireland, a lot of negativity and beloved but I won't go into it) and then my OH father passed away and he had to go home for a month, so we did not go ahead with the marriage.

If he can home for a month, why did he seek asylum in the first place?

He did not go home. He has not been home since he arrived to this country. That was a white lie on (if I remember correctly) boards.ie because I did not want to relay our immigration problems to the general public of boards.ie

I have never lied on this website.

Anyway, I don't have to explain myself to you. And get a life will ya, rather than googling random facts about strangers you have never (and hopefully will never) meet.

[walrusgumble]

How does this failed asylum seeker have a PPS number?

Why was an illegal/failed asylum seeker allowed marry?

Why was he not deported with haste once his asylum claims were rejected?

Pertinent questions.

Are you for real? Do you know his immigration history?

Are you having laugh? Why was wasn't he deported in haste? What do you mean by that exactly? Have you ever heard of term 'Due process' ? and hello he is married to an Irish citizen.

It seems this forum is been infiltrated by lovey...and by the way..how are your family members doing in Canada/US/ Australia/ England etc etc ?

The moral of the story...cop on!

lovey? your assuming that his family in canada etc are illegal or have not entered fair n squarely.he might be a plank but the history of monife's husband is accurate,just the way he says it, is the problem.your look at your own country on how it deals with illegals before ranting "lovey"

[Monifé]

How does this failed asylum seeker have a PPS number?

Why was an illegal/failed asylum seeker allowed marry?

Why was he not deported with haste once his asylum claims were rejected?

Pertinent questions.

Are you for real? Do you know his immigration history?

Are you having laugh? Why was wasn't he deported in haste? What do you mean by that exactly? Have you ever heard of term 'Due process' ? and hello he is married to an Irish citizen.

It seems this forum is been infiltrated by lovey...and by the way..how are your family members doing in Canada/US/ Australia/ England etc etc ?

The moral of the story...cop on!

lovey? your assuming that his family in canada etc are illegal or have not entered fair n squarely.he might be a plank but the history of monife's husband is accurate,just the way he says it, is the problem.your look at your own country on how it deals with illegals before ranting "lovey"

For the most part, it is not what IrishTom says, but the tone in which he says it and his meaning behind it.

A bit of compassion goes a long way and also understanding. Not everyone should be tarred with the same brush.

[IrishTom]

Why should I have compassion for failed asylum seekers who falsely claim asylum, cost the taxpayer tens of thousands of euro in the process and then marry to circumvent the legal process?

The mind boggles.