I am Claiming Child Tax Credit and my wife is claiming CB

[ssj5legend]

Hi,

I apologize in advance if this topic has already been covered but i could not find the relevant information that i needed.

I am a UK citizen and my wife is from Pakistan and it is now time to apply for indefinite leave to remain but i am very confused about the "no recourse to public funds" scenario.

You see, we have two children who were born in the UK and i have been claiming child tax credit although i applied it in my name, me and my wife get joint letters from HMRC. Also my wife is claiming Child Benefit.

I am worried that she may get rejected when applying for the ILR visa. Can someone please help me with this? I would greatly appreciate any advice on this matter. Thanks in advance.

[vinny]

See also Benefits : affecting ILR? Read this b4 starting new topic.. and guidance.

Joint claims for tax credits may be ok. However, you, not your wife, should be claiming child benefit.

[Amber]

As Vinny rightly points out, your wife should not be claiming child benefit as she is subject to immigration control. If the claim is in her name, it needs cancelling before she applies for ILR. If she informed the HMRC that she was subject to immigration control, then it could be an administrative error. If they claim is in your name, that's ok.

[ssj5legend]

I appreciate the response thanks for you advice.

I have now cancelled the child benefit claim in my wife's name. Can i also ask if this will cause an issue now when i apply for ILR? I am thinking i should advise UKBA when applying for ILR that my wife was claiming child benefit but this was an error. What would you advise?

Thanks again.

[Amber]

Get confirmation it's cancelled and you should be ok. I assume it was an admin error.

[ssj5legend]

Yes I confirmed with them over the phone and they have advised that it has been cancelled. I have also put this fact on the application for ILR that we were in receipt of CB but cancelled after realising that my wife was not eligible for this and that it was an administrative error. Should this also be fine? Thanks again.

[Amber]

Yes it ought to be you should claim now in your name.

[ssj5legend]

Hi, thanks for your advice again.

I have now recieved a letter from CB saying my wife owes them money for overpayment?! Please help.

[Amber]

Not unexpected, you have the right to appeal an overpayment decision and have one month to do so. You could argue that you informed them that the applicant was subject to immigration control and thus an admin error and/or that given you're entitled to claim it should be set against this. Or you could just pay it back, which might help if the Home Office find out.

[francis259]

Hello
i have been reading the post here, i have got some questions my partner (UK citizen) is claiming benefits i am subject to immigration control and cannot claim. i have been working full time (may 2013) but she has not informed the benefit organisation about my income until (feb 2014), i would like to know whats going to happen and if this would disqualify me from ILR.
she claims:income support, housing benefit, tax benefit, child tax credit (my name is on it but she is the claimer), carers allowance, child benefit (my name is on it but she is the claimer), disability & council tax benefit.
as at today when she informed the benefit organisation some of her benefits where put on hold and some where still granted.
please can you help me with some information
thank you