does HMRC contact UKBA?

[Timber0613]

hi

I was wondering if anyone has advice or been through my situation. I am an overstayer due to health issues of my husband. we did apply for my papers a while back but was sent back to us due to rate increase and since then we haven't resubmitted my application due to my husbands health and lack of funds. my husband is UK citizen, two oldest kids were born in USA but have their uk passports and our baby was born in UK a few months ago. hubby was claiming child tax of the two kids, he called to add the baby but told them about me and we had to change to joint claim. anyway today we finally received a letter after 10 weeks asking for my passport which I have, and other documents if any from home office. now we were wondering if I send them my passport will they contact ukba to let them know I am an overstayer...we just want to know what to expect as we are worried they may come to our home and take me in front of the kids. appreciate any feedback thanks

[Amber]

Government agencies do communicate and you actually consent to this in most benefit applications. So in theory they could, whether they would do this in practice is another question. You should focus on getting your stay in the UK regularised.

[Timber0613]

thanks amber

if I send them my passport do they have the right to hold it and not give it back because I am an overstayer?

also I am going to sort out my situation what would the best route be when trying to do it in the country? I've been reading about flr(o) and the zumbrano (I think its called) would that pertain to my situation when married to a British citizen for almost 10 years and three kids two born in USA but have their British passports and a recently UK born child.

thanks again

[Amber]

Perhaps FLR(O) see exception 1 (click)

Send the HMRC certified copies of your passport.

[Timber0613]

do u think the certified copies will be accepted as they are asking for original documents only thanks

[Amber]

Your husband should be claiming the child benefit (your documents should not be required). For tax credits a certified copy should suffice.

[hbee86]

Hi, my wife is an overstayer from the U.S I am a British national. We got child tax credits, without my wife having a NINO. They do not contact the UKBA, its a load of bollocks. They only do that if there is reason to believe the one who is subject to immigration control is participating in some criminal activity or any other to raise a red flag like no passport or ID for them to see. They don't look at the stamps on the passport at the HMRC, they use it only for ID purposes. We were never told they would contact the UKBA, they told us that it would be a good idea if we contacted the UKBA to get her status sorted out for less headache in the future but other than that there was no mention of it. UKBA is not scary anyways, if your wife and you are legally married in the UK and have children she cannot be deported on grounds of Article 8 EU law on human rights. Another overlooked EU law is that the spouse of a EU national or UK national has the same residency rights as their legal married partner does. They only deport people that are involved in serious criminal activity, also don't believe those border patrol shows you see on TV, it's all over dramatized B.S and they couldn't legally ever show a real deportation or leak any information about anyone's case. If you are really that afraid, apply for Discretionary Leave to Remain.

Also sending them copies of the passports is a big No-No they need to have your TRUE original passports. They send them back, for us they sent them back within 8 days. It took a total of 6 months to the child tax credits due to them being so slow and it was all back paid. We sent photo copies of everything else, marriage certificate, babies birth certificate, and a refusal for a NINO letter that my wife got from the job centre plus while she was still pregnant for maternity grant purposes which we were also granted. I work as an accountant and can tell you the HMRC are a pain to deal with on so many levels for so many things, tax credits system is terribly organized and the staff training is horrid.