ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
No one gets benefits automatically, you have to apply for them.Sheffield_Marketeer wrote:Claiming benefits when not eligible is a serious case of non compliance i.e- a breach of immigration law in this case. I am not sure if paying back the money can help to be honest.
Did your visa not have the No Recourse to Benefits stamp? If not, there may be a case of proving negligence on your part. Though I am not sure if that can be done.
When you say you started getting benefits- do you mean you got them automatically or did you initiate it?
Greenie health professionals try their best to help anyone but to say they encourage people to apply is ridiculous, visas have the words clearly written no recourse ........... So why do people apply ? So many folk try to get what can when not entitled and then look to blame others. As correctly pointed out one has to apply for the benefit so applying when you know what is on your visa can not be excused .Greenie wrote:No one gets benefits automatically, you have to apply for them.Sheffield_Marketeer wrote:Claiming benefits when not eligible is a serious case of non compliance i.e- a breach of immigration law in this case. I am not sure if paying back the money can help to be honest.
Did your visa not have the No Recourse to Benefits stamp? If not, there may be a case of proving negligence on your part. Though I am not sure if that can be done.
When you say you started getting benefits- do you mean you got them automatically or did you initiate it?
Unfortunately, in the case of child benefit in particular, parents seem to be actively encouragde by health visitors/midwives etc to apply for it once the child is born regardless of their immigration status, and told that HMRC will decide if you are eligible. HMRC also seems to have a habit of granting child benefit to those who are not eligible even though they are provide with the correct information and evidence clearly demonstrating that the applicant has no recourse to public funds.
If the UKBA finds out that the applicant has had recourse to public funds, this could result in a refusal on the grounds of breach of conditions, however, when an applicant applies for leave to remain, the forms generally asked whether the applicant is currently in receipt of public funds. If the applicant is no longer in receipt, he can therefore answer this question truthfully, it is for UKBA to check with HMRC if they wish to whether the applicant is or has been in receipt of them however in most cases they appear not to check historically, hence, if the OP pays back the benefits now, he may be OK when he applies for ILR.
My comment is not ridiculous it is the truth - I am speaking from experience- I have had numerous clients told to apply by health professionals as HMRC will make the assessment and decide if they are entitled - I then have to spend the time explaining why they shouldn't apply. We had an example of this recently on the forum. I agree that visas/residence permits clearly state a person has no recourse, but you can understand why a person who is told by a professional to apply, may think it is OK and that they will not be given what they are not entitled. I am not excusing anything - just explaining what happens in reality. HMRC should know better than a migrant that a person with no recourse to public funds, and who is not a beneficiary of a reciprocal agreement, is not entitled to child benefit!pennylessinindia wrote:Greenie health professionals try their best to help anyone but to say they encourage people to apply is ridiculous, visas have the words clearly written no recourse ........... So why do people apply ? So many folk try to get what can when not entitled and then look to blame others. As correctly pointed out one has to apply for the benefit so applying when you know what is on your visa can not be excused .Greenie wrote:No one gets benefits automatically, you have to apply for them.Sheffield_Marketeer wrote:Claiming benefits when not eligible is a serious case of non compliance i.e- a breach of immigration law in this case. I am not sure if paying back the money can help to be honest.
Did your visa not have the No Recourse to Benefits stamp? If not, there may be a case of proving negligence on your part. Though I am not sure if that can be done.
When you say you started getting benefits- do you mean you got them automatically or did you initiate it?
Unfortunately, in the case of child benefit in particular, parents seem to be actively encouragde by health visitors/midwives etc to apply for it once the child is born regardless of their immigration status, and told that HMRC will decide if you are eligible. HMRC also seems to have a habit of granting child benefit to those who are not eligible even though they are provide with the correct information and evidence clearly demonstrating that the applicant has no recourse to public funds.
If the UKBA finds out that the applicant has had recourse to public funds, this could result in a refusal on the grounds of breach of conditions, however, when an applicant applies for leave to remain, the forms generally asked whether the applicant is currently in receipt of public funds. If the applicant is no longer in receipt, he can therefore answer this question truthfully, it is for UKBA to check with HMRC if they wish to whether the applicant is or has been in receipt of them however in most cases they appear not to check historically, hence, if the OP pays back the benefits now, he may be OK when he applies for ILR.
Pay back the money and then you can say at the time of the application you are not in receipt . Do not blame others take responsibility for your own actions and admit the error
health visitors encourage persons to apply of course they want to ensure that the child has the best start, they are health professionals. But they never tell them to apply if they are not entitled it is for the person to know if they are entitled. It is a bit like saying you were advised on this site to see a Dr if you need one does not mean you have to. People should take responsibility for their own actions and applying for a benefit when your visa states no recourse .... can not be blamed on anyonehsmp1412 wrote:I agree with Greenie - health visitors do encourage you to apply and let HMRC decide. The problem is not around the person not knowing his/her rights as an immigrant but more of trusting a competent and govt authority like HMRC to make the right decision.
I bet that al least 50% people would trust a govt authority's decision more than their own esp in matters of taxation, benefits etc.
the UK and Canada have a reciprocal social security agreement but I am not entirely sure how it works for third country nationals. John the moderator is best placed to ask this - however the fact that this thread is in the wrong section of the forum (it needs to be in claiming benefits) probably means he has not seen your question. If a moderator can move the thread to Claiming Benefits I am sure you will get a more definitive answer.barabashka wrote:Hi everyone and especially Greenie,
Greenie, you mentioned in one of the posts above something about working in Canada before coming to UK.
We worked in Canada for almost 5 years, hold Canadian PR and will come to UK on Tier 2 General visa (me and my spouse (dependent)) in April 2012. Our visa does state "no recourse to public funds".
Since you mentioned Canada, is our situation with benefits different somehow from people that come to UK from other countries? In addition, we are both Israeli citizens, and I understand Israel is also on all kind of reciprocal agreements with UK. Does it mean (Israel nationality + 5 years spent in Canada) that we can safely claim child benefits once we have a child?
Thanks!
please can you stop posting the same question over and over again. someone will reply if they know the answer and as and when they wish to do so.austin91 wrote:Hi, Could someone answer me please, My wife is EEA citizen with registration certificate that she got last year. while im Non EEA National and have just applied for my EEA2 application but haven,t heard anything from HomeOffice. My wife is working at moment but will stop working as we are expecting a newborn baby and im not working. so she is planing to apply for child benefits, child Tax credit and housing benefit. but am afraid if that will course my application being refuse. please i need urgent reply. many thanks
Hi,johnson19 wrote:Hello,
I have a query-
My daughter was born in UK, and we started getting Child benefit while I am still on Tier1 Visa.
Do any one know if this will be problem for applying for Indefinite Leave to remain in UK? What will be work around on this?
Will appreciate if any one can give some light on this
Cheers
Johnson
