ILR urgent help needed ALL MODERATORS PLEASE

[Ali9]

Dear Members

my ILR is due under HSMP JR in March2012 with two dependants (my wife and 9 months old daughter) and I have two queries,

My wife got maternity grant 190 Pounds for which we were not aware untill we received that as midwife filled up form and get it signed from my wife who was not aware that this is benefit.
We wants to return this money back to hmrc but the problem is this scheme has been closed and we cant contact the department to refund this money.

Is this will effect my ILR application,

I can prove that I have tried my best to refund this money and I have not taken any other benefits.

My second question is after my ILR when can I apply for citizenship.

[linkers]

For your 1st question: People have returned benefits in past and I am sure if you speak to HMRC again, they would definitely find some way for it. If this doesn’t work in worst case, then keep all the correspondence with you which you can show to UKBA to prove that you did your best to return the benefit and your intentions were never to use public funds in the first place (as you were not aware this was a public fund).

For your 2nd question, it depends for how long you have been living in UK. If you came to UK on HSMP JR (and were not here before), you can apply for ILR after 4 years of continuous stay. And once you get ILR, you have to wait another 12 months before you can be eligible for Citizenship.

[linkers]

Also, remember you don’t need LiUK test for your ILR as you are on HSMP JR but you will still need it at the time of Citizenship.

[Ali9]

For your 1st question: People have returned benefits in past and I am sure if you speak to HMRC again, they would definitely find some way for it. If this doesn’t work in worst case, then keep all the correspondence with you which you can show to UKBA to prove that you did your best to return the benefit and your intentions were never to use public funds in the first place (as you were not aware this was a public fund).

For your 2nd question, it depends for how long you have been living in UK. If you came to UK on HSMP JR (and were not here before), you can apply for ILR after 4 years of continuous stay. And once you get ILR, you have to wait another 12 months before you can be eligible for Citizenship.

Thanks a lot for your reply I came in UK in 2007 and now my 5 years will be completed in March 2012 when i am going to apply for ILR

[John]

If your concern is whether the HiPG was within the definition of Public Funds, the answer is No!

UKBA never got round to amending the Immigration Rules to include HiPG in the Public Funds definition, before HiPG was indeed abolished.