Child benefit on Tier 1 Visa - effect on visa renewal

[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.

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.

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?[/quote]

Thanks for your reply,

There was no question of return because my wife had to leave the country for 3 months with our child due to some family issues. Acc to hmrc it is a must to inform hmrc if child is leaving UK for more than 2 months. We did the same as are the rules. We received a letter from hmrc that we are not entitled for child benefit any more because child is leaving the country for more than 2 months and the benefit stopped. I have that letter with me as a record.

[Greenie]

the point is you were not entitled to child benefit in the first place because you had no recourse to public funds. You said before you stopped claiming because you realised you might not be eligible for it - now you say you stopped claiming because your child left the UK?

[doc44]

the point is you were not entitled to child benefit in the first place because you had no recourse to public funds. You said before you stopped claiming because you realised you might not be eligible for it - now you say you stopped claiming because your child left the UK?

Ya what i said before is correct,
I stopped claiming because I realised that we are not entitled to.
HMRC stats that we have stopped child benefit because your child has left uk. Secondly they also said that when child is back you can apply again from scrach and there will be no problem. I came to know during that three month period that we are not entitled to because one of my friend had a problem in his visa extension because of child benefit.
I checked with hmrc again and they told me that if i think I should not apply then its my own decision.

[Greenie]

the point is you were not entitled to child benefit in the first place because you had no recourse to public funds. You said before you stopped claiming because you realised you might not be eligible for it - now you say you stopped claiming because your child left the UK?

Ya what i said before is correct,
I stopped claiming because I realised that we are not entitled to.
HMRC stats that we have stopped child benefit because your child has left uk. Secondly they also said that when child is back you can apply again from scrach and there will be no problem. I came to know during that three month period that we are not entitled to because one of my friend had a problem in his visa extension because of child benefit.
I checked with hmrc again and they told me that if i think I should not apply then its my own decision.

you were never entitled to it and HMRC are incorrect to say that you are. The UKBA could use the fact that you have recieved public funds in the past and thus broken the conditions of your leave to refuse your application, regardless of the question on the form. Whether or not they actually check whether you have previously claimed benefits is another issue.

[doc44]

the point is you were not entitled to child benefit in the first place because you had no recourse to public funds. You said before you stopped claiming because you realised you might not be eligible for it - now you say you stopped claiming because your child left the UK?

Ya what i said before is correct,
I stopped claiming because I realised that we are not entitled to.
HMRC stats that we have stopped child benefit because your child has left uk. Secondly they also said that when child is back you can apply again from scrach and there will be no problem. I came to know during that three month period that we are not entitled to because one of my friend had a problem in his visa extension because of child benefit.
I checked with hmrc again and they told me that if i think I should not apply then its my own decision.

you were never entitled to it and HMRC are incorrect to say that you are. The UKBA could use the fact that you have recieved public funds in the past and thus broken the conditions of your leave to refuse your application, regardless of the question on the form. Whether or not they actually check whether you have previously claimed benefits is another issue.

I agree with you 110 %. It's migrant's fault and also of hmrc. First gp encourages you by saying everyone gets this including foreign nationals. Inspite of providing all the correct info including passports why hmrc provide wrong info. If you call their helpline they say that we will check your eligibility and will make a decision. There is no harm in applying. Secondly migrants trust the most on government organisations that they know better what they are doing. But ya its a common mistake learnt by experience and I agree with you.

[DreamDrJob]

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.

Please I need your advice urgently. I am currently on student visa in UK with my husband. we got a little baby (she is born here) and she is now 1 year old. the health visitor told that we can get CB so we applied. I didn`t know this will be a problem. we heard that it will be a problem when applying for psw. we stopped it straightaway when we heard it and asked from HMRC that to pay back the cliaimed money. they told that they cant do such thing only they can do is can stop it. so we stopped the CB and thought this will be ok.
we have to apply for psw within next 3 days. when we filling the application forms it asking that "r u currently receiving or ever received public funds in the uk?" What shall I do? Please please help me what shal I do about it? I am going to apply visa for my baby with my application too. plss help.
May God Bless!!!!!