Stopped taking child benefit, Tier 1 visa due for extension

satyaca · Post by **satyaca** » Fri Apr 27, 2012 12:38 pm

Hi Mates,

I have a problem, My dependant wife has been taking child benefit for my daughter without knowing its a public fund. The money was coming to our joint account. As our Tier Extension is due for renewal in 3 weeks and we came to know while looking at visa forms that child benefit is Public fund, we immediately called the child benefit to stop payment as we do not have recourse to public funds. My wife also wrote to them for our records that we just have come to know that child benefit is public fund and we want to return all the money with interest. We have not worked in Canada or any other country with whom UK has some reciprocal arrangement neither of us are British or on ILR

The advice I want is can I affect my wife visa extension even after stopping the child benefit and writing to them of our good faith and ignorance of it being a public fund. I wish I can receive reply from child benefit office and pay back the money as further proof.

Some friends have suggested that it may also impact my visa renewal as main applicant as the fund was coming to joint account plus I had responsibility of making sure we don't use public fund.

Please help

shahjee11 · Post by **shahjee11** » Fri Apr 27, 2012 5:58 pm

satyaca wrote:Hi Mates,

I have a problem, My dependant wife has been taking child benefit for my daughter without knowing its a public fund. The money was coming to our joint account. As our Tier Extension is due for renewal in 3 weeks and we came to know while looking at visa forms that child benefit is Public fund, we immediately called the child benefit to stop payment as we do not have recourse to public funds. My wife also wrote to them for our records that we just have come to know that child benefit is public fund and we want to return all the money with interest. We have not worked in Canada or any other country with whom UK has some reciprocal arrangement neither of us are British or on ILR

The advice I want is can I affect my wife visa extension even after stopping the child benefit and writing to them of our good faith and ignorance of it being a public fund. I wish I can receive reply from child benefit office and pay back the money as further proof.

Some friends have suggested that it may also impact my visa renewal as main applicant as the fund was coming to joint account plus I had responsibility of making sure we don't use public fund.

Please help

First of all you have done the right thing to tell HMRC not to pay you child benefits anymore. With regards to your extension application, you will have to mention this clearly in your covering letter that it was a mistake and you have informed HMRC that you dont want it any more due to immigration control and you will pay back whatever amount has been paid to you in error. If you get something in writing from HMRC confirming this before you apply, then must attache that with the application otherwise attach a copy of the letter you have already written to them and the date you told them over the phone as well. If you were paid weekly then enclose the bank account statement to confirm that no further payments were paid after you informed them.

This may delay the processing a bit as ukba may want to check this with HMRC but it should not affect your extension as you realised the mistake yourself and took measures to put the things right.

Hope every thing goes well with you.

satyaca · Post by **satyaca** » Fri Apr 27, 2012 6:16 pm

Thanks Shahjee,

You are right that I should attach the latest bank statement as well which should show that now funds are not coming from Child benefit office.

I am really concerned about the visa rejection. Your words of hope has given me strength to believe that there should not be any problem. We never knew that child benefit is a public fund and and the home start/hospital people send it to us and I checked with child benefit office before applying that I am under immigration control with no recourse to public funds, still shall I apply for it? They still you should apply and on our discretion we will decide.

I hope everything ends well.

Post by **Greenie** » Fri Apr 27, 2012 7:46 pm

what is your nationality?

satyaca · Post by **satyaca** » Mon Jul 23, 2012 5:45 pm

Hi Mates,

Just want to update the status of visa. Following writing to child benefit office I did receive a reply from them I have been overpaid GBP 1,299 and that the child benefit has been stopped and i do not have to pay back the amount. The letter was enough for me to submit to UKBA that i received child benefit by error in good faith and that i have stopped with proof of CB office letter. After 2 days I received another letter from Child Benefit office to pay the overpaid child benefit to their account which i happily paid and same day submitted my application for visa extension with all the evidences for CB repayment.

My visa is in process but am just wondering if any of you can share your experience in such situation

Thanks in Advance

vin323 · Post by **vin323** » Wed Jul 25, 2012 5:44 pm

Hello satyaca,

Wish you all the best for your application. Any update on your application yet ?

Thanks

satyaca · Post by **satyaca** » Wed Jul 25, 2012 5:52 pm

Will post update as soon as I have. I gave biometric on 14th July. At present UKBA is processing biometric given till 16th June. So I think it would be close to 1 month before i hear from them.

vin323 · Post by **vin323** » Wed Jul 25, 2012 5:57 pm

Thank you for your reply.

Also, would you please let us know what have you answered for the following two questions in your wife's application?

E6. Have you ever breached a condition of your stay?
G1. Are you currently receiving or have you ever received public funds in the UK?

If you have answered NO to both, have you explained your situation with regard to child benefit and provided the required documents?

These information will definitly help.

Thanks

satyaca · Post by **satyaca** » Thu Jul 26, 2012 10:43 am

E6. Have you ever breached a condition of your stay? -YES
G1. Are you currently receiving or have you ever received public funds in the UK? -YES

You have got answer YES to both of the questions. This is what my solicitor advised otherwise it will accounts to deception which may lead to deportation and 10 year ban. Do you also have similar case?

plkaa · Post by **plkaa** » Mon Sep 10, 2012 10:04 pm

satyaca wrote:Will post update as soon as I have. I gave biometric on 14th July. At present UKBA is processing biometric given till 16th June. So I think it would be close to 1 month before i hear from them.

I am in the same situation...I think worse. I applied for tier 2 visa extension on 10th of July. I am receiving child benefit at the time of application. I have only come to know through this forum, now that I should not be on child benefit. I was completely unaware as HMRC checked the eligibility before giving it. Is UKBA going to refuse me visa? what should I do? I gave biometric on 21st July, still waiting for outcome.

satyaca · Post by **satyaca** » Tue Sep 11, 2012 10:31 am

I think you should stop taking it as soon as possible and write to child benefit office that you want to return the money. As you know child benefit constitutes public fund which you don't have recourse.

What did you answer to the question- Have you ever received public funds?

Please post when you receive decision on your application

plkaa · Post by **plkaa** » Tue Sep 11, 2012 11:28 am

satyaca wrote:I think you should stop taking it as soon as possible and write to child benefit office that you want to return the money. As you know child benefit constitutes public fund which you don't have recourse.

What did you answer to the question- Have you ever received public funds?

Please post when you receive decision on your application

I said yes to it in the application.

plkaa · Post by **plkaa** » Tue Sep 11, 2012 11:33 am

satyaca wrote:I think you should stop taking it as soon as possible and write to child benefit office that you want to return the money. As you know child benefit constitutes public fund which you don't have recourse.

What did you answer to the question- Have you ever received public funds?

Please post when you receive decision on your application

I have now called HMRC and stopped my child benefit. I also in the process of returning the money I received in error. I have written a letter to UKBA explaining all this which I am sending by special delivery today. I hope the case worker considers it.

plkaa · Post by **plkaa** » Tue Sep 11, 2012 10:07 pm

satyaca wrote:I think you should stop taking it as soon as possible and write to child benefit office that you want to return the money. As you know child benefit constitutes public fund which you don't have recourse.

What did you answer to the question- Have you ever received public funds?

Please post when you receive decision on your application

Dear Satyaca

have you received a reply from UKBA/outcome of your application? please update when you receive it.

satyaca · Post by **satyaca** » Wed Sep 12, 2012 12:10 pm

Yes I will for sure

nishantca · Post by **nishantca** » Tue Sep 18, 2012 8:04 pm

Dear Satyaca

I am stuck in a similar situation as you were in. Me & my wife too just came to know about child benefit being public fund which we are getting & our visa says "no recourse to public finds".
Can you please let me know as to what happened with your visa application as you had applied some time back. Did UKBA accept your ignorance & granted you an extension? I am very nervous & curious about this.

Will wait for your reply eagerly.

Thank your very much.

nishantca · Post by **nishantca** » Tue Sep 18, 2012 10:30 pm

Dear Plkaa

Can you as well send me some update on your case. Did UKBA consider your application & granted visa or is it still pending with them?

Thanks.

plkaa · Post by **plkaa** » Tue Sep 18, 2012 10:38 pm

nishantca wrote:Dear Plkaa

Can you as well send me some update on your case. Did UKBA consider your application & granted visa or is it still pending with them?

Thanks.

Dear Nishantca

I am still waiting for the outcome. Its been more than 2 months since I applied now. I don't know whats going to happen.

it is very stressful.

nishantca · Post by **nishantca** » Wed Sep 19, 2012 9:20 am

Many thanks Plkaa, I will apply this week & hope my application visa gets granted. I shall attach relevant documents showing that I have stopped receiving Public Fund. Let's see. Please keep us posted on your application status.

Dear Satyaca; as you were the very first one to apply, can you please help us with your comments as well. We shall be glad to hear from you.

Thank you all.

satyaca · Post by **satyaca** » Thu Sep 20, 2012 10:07 am

My visa application outcome has not come yet. They are very slow. I dont know how long it is gonna take

nishantca · Post by **nishantca** » Thu Sep 20, 2012 10:12 am

Thank you Satyaca for your update. I am going to apply on Monday. Will include all the correspondence with Child Benefit team in my application. Let's keep fingers our crossed.
Please do let us posted on any progress. Thanks.

Post by **geriatrix** » Thu Sep 20, 2012 10:15 am

The (long) delay could be a blessing in disguise for all of you.

It could mean that UKBA is verifying your cases with HhMRC to check if payments have been stopped and "public funds have been returned or an agreement reached with the applicant on how and when to return the money".

Clearly, all of you have breached the terms of your conditions. And ignorance is not an excuse!!
That you have stopped receiving public funds is a positive thing but do note that your cases are completely subject to "discretion" ... and such cases are known to take time to come to a logical end.

Be patient.

satyaca · Post by **satyaca** » Thu Sep 20, 2012 10:27 am

Thanks sushdmehta,

Well I had submitted application in May for which bio metric letter came in July and I gave bio-metric on 14th July. As of today UKBA are processing applications for which biometric was done till 21st June. I can see long delay. I had a family tragedy in India and could not go just because of this issue.

I hope this wait ends on happy note

plkaa · Post by **plkaa** » Thu Sep 20, 2012 11:28 pm

sushdmehta wrote:The (long) delay could be a blessing in disguise for all of you.

It could mean that UKBA is verifying your cases with HhMRC to check if payments have been stopped and "public funds have been returned or an agreement reached with the applicant on how and when to return the money".

Clearly, all of you have breached the terms of your conditions. And ignorance is not an excuse!!
That you have stopped receiving public funds is a positive thing but do note that your cases are completely subject to "discretion" ... and such cases are known to take time to come to a logical end.

Be patient.

Thank you sushdmehta

I hope the UKBA considers our cases. I have stopped child benefit by calling HMRC on phone and I have also written letter to them. However I have not received any reply from them. I have also written a letter to UKBA explaining that I have received the money in error and I am returning it. This is all I could do at this stage. I gave biometric on 21st July. just waiting for the reply to come.
If in such cases they refuse visa, do they give right to appeal? If not, can one re apply within UK or does one has to go to home country for re application?

thanks
plkaa

Post by **geriatrix** » Fri Sep 21, 2012 12:35 am

If a decision (refusal) is reached after expiry of current leave on an in-time, valid application, then you will be given the right of appeal. If you appeal you cannot make a new application while the appeal is pending.

Out of time applications will be accepted. If you wish to pursue this, try and reapply as the earliest possibility (ideally within 28 days of receiving refusal).

I don't see a point in reapplying - if refused - because every other application will be refused for the same reason (access to public funds). Unless you can disprove the reason(s) of refusal.

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Stopped taking child benefit, Tier 1 visa due for extension

Stopped taking child benefit, Tier 1 visa due for extension

Re: Stopped taking child benefit, Tier 1 visa due for extens

applied tiet 2 extension while on child benefit.

Tier 1 Extension - No recourse to Public Funds