Child benefit on Tier 1 Visa - effect on visa renewal

[agniamit1]

HI,

First of all, thanks for the informational emails on Child benefit on this
group.

My Case: Me my wife and my Kid are on Indian Passport and Tier 1 UK visa (Prior to this we were in France for 2 years- on student visa). We are receiving child benefit for last 1 year. (Going through the previous posts, i realised that i should stop the child benefits before applying for visa renewal)

My Question : If I stop the Child Benefit and pay back HMRC all the funds that they have given me in the past; am i good to go for visa renewal application or do i need to do some thing else like getting letter from HMRC that the Child benefit has been stopped and all funds have been given back or something else.

Does anyone has done this before and successfully get their visa renewed?

thanks in advance
Amit

[vinny]

See also detailed public funds guidance.

[John]

Just to complete the picture, before coming to the UK to work, did you and/or your wife work in any other country, apart from India where you come from.

[agniamit1]

Just to complete the picture, before coming to the UK to work, did you and/or your wife work in any other country, apart from India where you come from.

Hi John.

I was in France from Sep 2007 to Dec 2009 for PG studies. Under this course i have worked in France ( as an intern from Jan 2009 to Oct 2009 under student visa) and in Switzerland ( again as a trainee) from Jul 2008 to Sep 2008).

Amit

[John]

Unfortunately I do not think that helps. I was hoping you would say that you or your wife had worked in Canada.

Withdraw the claim to Child Benefit immediately!

[agniamit1]

Unfortunately I do not think that helps. I was hoping you would say that you or your wife had worked in Canada.

Withdraw the claim to Child Benefit immediately!

HI John,

I appreciate your quick reply. 2 quick question.

Should i stop CB ? OR
Should i stop the CB and Refund all the amount i have received from HMRC . Get letter from HMRC that the amount has been refunded. and give that letter along with the application.

I prefer second option as as my Bank statements shows £80 CB credit every month from CHB.

thanks and regards
Amit

[John]

Your question is clear, but my answer is not! Admittedly!You certainly need to withdraw the CB claim as soon as possible. This is to ensure that on the visa application form you can honestly and correctly answer the Public Funds question .... no! This is because the question is asked in the present tense .... are you receiving? They are not asking if you have ever received any Public Funds.

Whether to go further and offer to refund what you have already received, up to you.

[Greenie]

Yes but if the bank statements are submitted with the application and show the payments from dwp the fact that public funds have been received may be a reason to refuse the application due to breach of conditions of leave.

[agniamit1]

HI,
thanks for your opinions. but its getting bit confused.

So whats the final verdict.

1- Should i returm all CB back to HMRC? Then get letter from HMRC , about the return of CB, and submit it in the visa applicaiton.

OR

2- should i get letter from HMRC , about the return of CB, but keep mum about CB in the application form?

[Greenie]

Do you need to submit the relevant bank statements with your application?

[agniamit1]

Do you need to submit the relevant bank statements with your application?

Yes for last 3 months.

My visa i expiring on 26th April. So if i stop my CB now , It will not appear in statement ending March.

[Greenie]

In my opinion you should pay back the benefits as you were not entitled to claim them. The fact that you only need to answer question in the present tense on the form doesn't change the fact that you breached the conditions of your leave-if ukba find out you claimed them you will be in a better position if you have paid them back. Whether you provide the letter from hmrc and thus bring it to their attention is up to you as there are risks associated with either option.

[doc44]

Your question is clear, but my answer is not! Admittedly!You certainly need to withdraw the CB claim as soon as possible. This is to ensure that on the visa application form you can honestly and correctly answer the Public Funds question .... no! This is because the question is asked in the present tense .... are you receiving? They are not asking if you have ever received any Public Funds.

Whether to go further and offer to refund what you have already received, up to you.

Hi John,

sorry for interrupting the thread, urgent help needed.

if you look at latest tier 2 (Feb 2012) form section G.
It states are you receiving or have you received any public funds ever? Its not the same as in the old form (Oct 2011).

I accidently without knowing applied for child benefit once about 9 months ago. In spite of providing all the correct information and my passport details to HMRC, HMRC started giving me child benefit. Just after two months of receiving it, I realized that i am not eligible for this from one of my friends. So I had it stopped so I am not getting any benefits anymore from the last 7 month.

I have filled the old tier 2 form and posted on 15th Feb without realizing that on 14th Feb. new tier 2 form came into place. In the old form I have mentioned that I am not receiving any funds as it was a straight forward question: are you receiving any benefits? I answered No. What do you think? Will I be safe because in the new form (feb 2012) question is have you ever received any benefits? Need your kind advice. I am very worried about it. Will appreciate your advice. Thanks.

[John]

I'm struggling, and can you help? Simply, can you please provide a link to the new form you are referring to?

You are referring to a Tier 2 extension in the UK? But that now appears to be an online application, but the online facility is currently down for maintenance.

Thankfully the form SET(O) form remains unchanged, as regards the Public Funds question.

[doc44]

I'm struggling, and can you help? Simply, can you please provide a link to the new form you are referring to?

You are referring to a Tier 2 extension in the UK? But that now appears to be an online application, but the online facility is currently down for maintenance.

Thankfully the form SET(O) form remains unchanged, as regards the Public Funds question.

This is the link. I am very worried about this new form. Thanks for a quick reply. Waiting for your response.

http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

[Greenie]

Your question is clear, but my answer is not! Admittedly!You certainly need to withdraw the CB claim as soon as possible. This is to ensure that on the visa application form you can honestly and correctly answer the Public Funds question .... no! This is because the question is asked in the present tense .... are you receiving? They are not asking if you have ever received any Public Funds.

Whether to go further and offer to refund what you have already received, up to you.

Hi John,

sorry for interrupting the thread, urgent help needed.

if you look at latest tier 2 (Feb 2012) form section G.
It states are you receiving or have you received any public funds ever? Its not the same as in the old form (Oct 2011).

I accidently without knowing applied for child benefit once about 9 months ago. In spite of providing all the correct information and my passport details to HMRC, HMRC started giving me child benefit. Just after two months of receiving it, I realized that i am not eligible for this from one of my friends. So I had it stopped so I am not getting any benefits anymore from the last 7 month.

I have filled the old tier 2 form and posted on 15th Feb without realizing that on 14th Feb. new tier 2 form came into place. In the old form I have mentioned that I am not receiving any funds as it was a straight forward question: are you receiving any benefits? I answered No. What do you think? Will I be safe because in the new form (feb 2012) question is have you ever received any benefits? Need your kind advice. I am very worried about it. Will appreciate your advice. Thanks.

You are correct- the form has changed. However you used the old form which is fine as already advised as the old form can be used for 21 days. You have answered the question correctly on the form you have completed. The ukba may still undertake checks to see if you have ever received public funds but this was true before the new form was released.

[John]

However you used the old form which is fine as already advised as the old form can be used for 21 days.

I cannot see reference to that on the form itself. Is that simply a staff instruction?

[doc44]

However you used the old form which is fine as already advised as the old form can be used for 21 days.

I cannot see reference to that on the form itself. Is that simply a staff instruction?

Its section G, there is some problem with the form format. I am not able to send you an attachment on this forum, otherwise i would have sent you the attachment.

[doc44]

Your question is clear, but my answer is not! Admittedly!You certainly need to withdraw the CB claim as soon as possible. This is to ensure that on the visa application form you can honestly and correctly answer the Public Funds question .... no! This is because the question is asked in the present tense .... are you receiving? They are not asking if you have ever received any Public Funds.

Whether to go further and offer to refund what you have already received, up to you.

Hi John,

sorry for interrupting the thread, urgent help needed.

Hi,

So do you think, I will get away safe in spite of getting benefits nine months ago.

Regards

if you look at latest tier 2 (Feb 2012) form section G.
It states are you receiving or have you received any public funds ever? Its not the same as in the old form (Oct 2011).

I accidently without knowing applied for child benefit once about 9 months ago. In spite of providing all the correct information and my passport details to HMRC, HMRC started giving me child benefit. Just after two months of receiving it, I realized that i am not eligible for this from one of my friends. So I had it stopped so I am not getting any benefits anymore from the last 7 month.

I have filled the old tier 2 form and posted on 15th Feb without realizing that on 14th Feb. new tier 2 form came into place. In the old form I have mentioned that I am not receiving any funds as it was a straight forward question: are you receiving any benefits? I answered No. What do you think? Will I be safe because in the new form (feb 2012) question is have you ever received any benefits? Need your kind advice. I am very worried about it. Will appreciate your advice. Thanks.

You are correct- the form has changed. However you used the old form which is fine as already advised as the old form can be used for 21 days. You have answered the question correctly on the form you have completed. The ukba may still undertake checks to see if you have ever received public funds but this was true before the new form was released.

[Greenie]

However you used the old form which is fine as already advised as the old form can be used for 21 days.

I cannot see reference to that on the form itself. Is that simply a staff instruction?

no it is in the immigration rules para 34I

[doc44]

However you used the old form which is fine as already advised as the old form can be used for 21 days.

I cannot see reference to that on the form itself. Is that simply a staff instruction?

no it is in the immigration rules para 34I

Do you think,I will be OK in spite of getting benefits 9 months ago.

Regards

[John]

Indeed, thanks for that :-

34I. Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.

[doc44]

Indeed, thanks for that :-

34I. Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.

did you get to see the form John. Can i send you the attachment by any means?

[doc44]

You are correct- the form has changed. However you used the old form which is fine as already advised as the old form can be used for 21 days. You have answered the question correctly on the form you have completed. The ukba may still undertake checks to see if you have ever received public funds but this was true before the new form was released.[/quote]

Hi Grennie,

Actually I have used the old form and have answered correctly but according to the 21 days rule of using the old form, I am of the concern that they will accept my old form but will consider it on the basis of new form. Am i correct? Thanks.

Regards.

[Greenie]

You are correct- the form has changed. However you used the old form which is fine as already advised as the old form can be used for 21 days. You have answered the question correctly on the form you have completed. The ukba may still undertake checks to see if you have ever received public funds but this was true before the new form was released.

Hi Grennie,

Actually I have used the old form and have answered correctly but according to the 21 days rule of using the old form, I am of the concern that they will accept my old form but will consider it on the basis of new form. Am i correct? Thanks.

Regards.[/quote]

They will consider your application on the basis of the form you submitted, i.e. the old form- you have answered the question asked truthfully so they will not be able to say that you have used deception/misrepresentation in the form. however, this is not to say that they won't check that you have received benefits in the past- as it has always been the case that they can and do check this - although it appears this is not something they do in every case. Did you just cancel the benefits or did you pay them back also?