Horrible Situation

[cusp2011]

Dear all
pls provide me some guidance as I am really stuck in horrible situation because of our mistake of taking CTC which we were not entitled to.
My wife has start taking CTC while we were on student visa but now our stay is on Tier1 and we will be eligible for applying ILR in future. I am presently fulfilling rest all the requirement for ILR except receiving benefits.
So what can be the possible consequences for us in future OR If there is any suggestions for us to go for so that we can successful in ILR ?

[John]

I have split your post off into its separate topic.

Can you explain more please. You mention CTC, but was a claim also submitted for Child Benefit?

Please state the nationality of you and your wife. Also, if either of you worked in any other country, apart from that of nationality, before coming to the UK, please give details.

[cusp2011]

Dear john
thanks for replying me.
as per info you need, initially it was for only ctc later on we start getting child benefit but after few months we stopped the child benefit but ctc was still going on even after i received tier 1. our nationality is pakistan.we never worked in any other country before coming to uk.
if you need any other info pls ask and provide me your advice to avoid any problems in future to get ilr?

[John]

You are not entitled to claim any Public Funds, well not until one or both of you have ILR, so any current claims need to be withdrawn without delay.

[cusp2011]

dear john
all the public funds has already been withdrawn by me in the middle of 2011.
as all funds are stopped will it effect my application of ilr in future that i have taken any benefit anytime?

[John]

On the application form UKBA have decided to ask the Public Funds question in the present tense .... are you receiving? Obviously you will answer that question accurately, and based upon what you have posted the accurate answer is "No".

So how will UKBA even know that in the past you have claimed some benefits?

[cusp2011]

dear john
you are right that ukba asked in set(o) form in present tense, but does it mean that after say "no" to that answer, do they not investigate from hmrc regd this particular benefits issue for all applications of ilr ?

[John]

All I can say is that no one has ever reported on this board, or similar, that their visa application has been rejected because of a such a "look back" investigation. Which suggests that such investigations do not happen.

[cusp2011]

Dear john
thanks for your very very valuable and positive comments.
As we have stopped our benefits after clearly informing to HMRC that we are/were not entitled to any of them, so Is there any possibility that HMRC can inform UKBA regd this or flag our names in their records? or ...............?

[John]

As per message this morning, this is no evidence that HMRC inform UKBA. After all, if such reports were made, I don't think that I would have been able to post this morning in the way I did.

[cusp2011]

dear john
thanks very much for your answers.
can i ask you some questions in here for a different topic, i mean for criminal conviction part of ilr?

[John]

OK, keep it all together.

[cusp2011]

I will be applying my ilr in feb 2016 if all will be going well.In april 2010 i was convicted from court for 150 pound fine and 3 month ban on driving as i was driving without other than UK licence and without insurance. after that in jan 2011 i crossed red light and received three penalty points on my driving licence. will these be a problem for me while i will apply ilr in 2016.

[John]

The convictions you mention will be "spent" before February 2016 and accordingly need not be disclosed on the SET(O) application form. Therefore those convictions can have no effect upon your application.

But drive carefully, and certainly do not drive uninsured!