Stopped taking child benefit, Tier 1 visa due for extension

plkaa · Post by **plkaa** » Fri Sep 21, 2012 10:49 am

sushdmehta wrote: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.

OK. I am just collecting evidence from HMRC that i have stopped child benefit which was given to me after they checked my eligibility. It is as much their mistake as is mine, really. I am preparing for the worst case scenario- refusal from UKBA. If I have evidence that I have stopped and returned the money back, I ll be able to appeal with the documents, I think.
Dear Satyaca,
how much time did HMRC take to reply back to you when you wrote them a letter to stop CB and to take back the money they have already given? I phoned them on 6/9/12 to stop CB and also wrote a letter thereafter but I have not received any written reply from them, as yet.

satyaca · Post by **satyaca** » Fri Sep 21, 2012 2:00 pm

In my case Child Benefit Office took some 1 month

Post by **geriatrix** » Fri Sep 21, 2012 4:29 pm

Reading Action to take when applicant has received public funds should help.

satyaca · Post by **satyaca** » Mon Sep 24, 2012 12:10 pm

Hi SushdMehta,

What is your experience based on forum what are the chances of my case.

I had stopped taking child benefit, asked HMRC how much money I have to pay with interest and in fact returned all the money received before i applied for visa extension.

I know it is discretionary but what is the percentage of success?

regards,
Satya

rangana911 · Post by **rangana911** » Mon Sep 24, 2012 2:59 pm

Hi Guys,

I am in the same situation. anyone of you have recieved a positive reply from UKBA ?

cheers,
Rang

satyaca · Post by **satyaca** » Mon Sep 24, 2012 3:03 pm

Welcome to the group of frustrated Rangana,

I gave bio metric on 14th July. They are processing today 26th June. Will share my fate with you guys.

regards
Satya

plkaa · Post by **plkaa** » Tue Sep 25, 2012 10:55 am

Dear Satyaca
how do you know they are processing 26th june. their website states they are processing biometrics done before 3rd sept now(for those who applied within UK).
plkaa

Post by **geriatrix** » Tue Sep 25, 2012 11:01 am

plkaa, you are posting in a Tier 1 forum where as you are a Tier 2 migrant.
The processing times for both categories are different (as published on UKBA website), hence the perceived discrepancy in dates.

plkaa · Post by **plkaa** » Tue Sep 25, 2012 9:55 pm

Thank you Sushdmehta for clarifying. Also your link to "Action to take when the applicant has taken public funds" is very useful. Acc to it I have become hopeful in all of our cases. They shd not reject our applications because we have taken public funds in good faith after telling HMRC of our visa status, we are ready to return back, our income is ok and we do not depend on public funds to stay in UK. At the same time, I understand it remains at case worker descretion. If the case worker thinks that whatever the reason may be, it is breach in the terms and condition, he/she can reject the application.

plkaa · Post by **plkaa** » Mon Oct 01, 2012 1:08 pm

Hello everyone. I got my visa today!! There is no mention of child benefit with it. I will still return CB as I know now that I am not entitled for it! I am happy and also very thankful to this forum for support. All those who have returned child benefit or are in process should be hopeful now. It might take some time but you will get your visas.
plkaa.

Shadry · Post by **Shadry** » Mon Oct 01, 2012 1:34 pm

@plkaa
Congratulations on your visa. Did you expedite your case? because I noticed you had your biometric in July.

Thanks

satyaca · Post by **satyaca** » Mon Oct 01, 2012 2:13 pm

Many Many congratulations Plkaa,

Its gives us a glimmer of hope.

Thanks
Satya

IndiaMumbai · Post by **IndiaMumbai** » Sun Oct 14, 2012 1:21 pm

Hi Guys, My case is similar to many of you. However, I had stopped claiming CB in Feb-12 by contacting HMRC and sought details where I could refund the benefit claimed till then. However despite 3 reminders, I've not been provided details of amount to pay back or the bank account etc.

I've recently called+made an online enquiry+wrote a letter reminding them to provide details so that I can repay.

My Visa extension is due in 2 weeks' time. Will no repayment affect my Tier I Visa extension. Othe

satyaca · Post by **satyaca** » Mon Oct 15, 2012 11:27 am

I did make repayment to HMRC for the child benefit received. I think the most important part is first to stop receiving it and then your case is really good if you pay the money back or at least HMRC writes to you that you dont have to pay

IndiaMumbai · Post by **IndiaMumbai** » Mon Oct 15, 2012 2:15 pm

Is there any way incase if HMRC do not respond back. I've mentioned this in 3 previous occassions that I wish to repay and that I need the details of bank account etc. But everything seems frozen. What is the way out of this if I dont get any reply whatsoever despite call and letters?

satyaca · Post by **satyaca** » Mon Oct 15, 2012 2:27 pm

I think you should attach the copy of the letters to HMRC as prrof that u wanna return the money with your application to UKBA for visa extension explaining the situation properly. I had hired a lawyer who said to write to them mentioning please reply within a 7 days which provided more legal comfort.

The lawyer also said that if they don't reply then lawyer by themself are gonna write. But in my case HMRC did respond

satyaca · Post by **satyaca** » Fri Nov 30, 2012 10:46 am

Finally I have got my visa extension application approved after a good long wait of over 6 months. Good luck to all the mates in waiting

rangana911 · Post by **rangana911** » Tue Dec 04, 2012 11:19 am

Hi All,

Just to update you, i got my Tier1 extension last Friday. I had the same problem, that is my wife has been receiving Child benefits. what I did was

1. Inform HMRC via a letter as well as call them, saying that we are not eligible for Child benefits and how we can repay that.
2. HMRC wrote back asking for our Passports
3. HMRC sent us a letter saying we are not eligible for CB and to repay the amount.
4. we re-paid the amount and followed it up with HMRC for a confirmation.
5. we received a payment confirmation letter from HMRC.

I have attached all these documents in my visa application and i got my extension.
Hope this will help you guys

cheers,
Rangana

satyaca · Post by **satyaca** » Tue Dec 04, 2012 11:56 am

Congrats Rangana,
well done, I also did the same process and got visa last week. I think UKBA must feel that applicant receiving child benefit in error was a genuine mistake and It was not intentional on applicants part. To demonstrate that if we payback the child benefit money received and accept the mistake in the application form.

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Stopped taking child benefit, Tier 1 visa due for extension

Child Benefit stopped, however repayment pending