CB and ILR

[JK2010]

Hi

Am on tier2 and my partner on tier 2 dependant visa. We are blessed with baby in july and in ignorance we have claimed for child benefit and my partner started receiving CB since july. We are speaking with Hmrc and return the amount received.

I will get qualified for ILR next year under 5 yrs legible stay option and my partner also qualifies for ILR under 10 yrs legible stay option. Now my question is does this CB thing impact our applications for ILR?

Any info provided is much appreciated.

Regards
JK

[Amber]

What Country/Countries are you are your spouse native?

It may, for the purpose who claimed. However, the first step should be to stop the claim. Then ask for a copy of the application form you submitted initially, here.

When you get to see the application you need to identify if you ticked you were not subject to immigration control. If you told them you were this may be an Admin Error, if so then:

Was the Public Fund awarded as the result of an administrative error?
Where the applicant provides confirmation from the awarding body that the public fund was
awarded following an administrative error, you must disregard it and not refuse the
application on this basis.

[JK2010]

Thanks for the reply.

We are from India. Yes, we will ask for a copy of the application form. I guess we have marked that we are under immigration control. What in case, if we have not mentioned it? Can we correct mistake? I hope we are on safe side.

Also, I heard that hmrc doesn't provide a way for returning the money received so far. Can you shed some light on methods of repaying then the amount?

Regards
JK

[Amber]

Yes you can pay the money back. Firstly you should establish whether or not you duly informed them that you were subject to immigration control. If so, there would be grounds to show an Admin Error and with the HMRC confirming such, there should be no further issues regarding ILR.

[JK2010]

Hi,

We got a copy of the form that we sent and unfortunately, we mentioned that we are not under immigration control. Its a mistake from our end as we were not aware and misunderstood the question. Now that we asked HMRC to stop giving us the benefit and the same has been stopped.

Is there anyway that we can give back the money. I dont see any reference to that in the papers sent? Will this impact our ILR?

Any help is much appreciated.

Thanks
JK

[Amber]

Write back and ask for the payment details as you wish to repay the payments you have received. As it's not an admin error you are not completely safe. However, given that you have stopped the benefit and you're going to repay you should be ok.

[JK2010]

Hi Again,

We contacted HMRC and paid back all the money which we claimed by mistake. We got this confirmed that there is no due from us over the phone. There is no letter from them as such. We will be applying for ILR towards October end this year. Do you think, it is good to ask HMRC to send a confirmation letter in this regards?

Regards
JK