Child and Working Tax Credits - UK Born Baby

[aj77]

http://www.ukvisas.gov.uk/servlet/Front ... 8721085371
Public Fund List updated on 13/08/04
Child Tax Credit and Working Tax credit are not included in the list.

Does this means WTC AND CTC are not Public Funds?.Any comments?

[tvt]

As I wrote before CTC is still not on the list of Public Funds within the Immigration Rules.

However, individuals who are subject to immigration control are not entitled to receive CTC / WTC by virtue of the Tax Credits (Immigration) Regulations 2003. These regulations are already IN FORCE.

Receiving CTC / WTC is therefore still not an immigration offence of breaching the conditions of a leave. However, receiving any of these credits is a Tax Credits offence + "a Retention of Wrongful Credit (Theft Act)" offence and you are liable to be prosecuted by the Inland Revenue for that.

[aj77]

Well when I contacted to Inland Revenue officer,she said that they are not aware of the term Public Fund.All social benefits deals by DWP while Tax Credit is an award which Inland Revenue deals with.She further said said that they started issueing awards from 2003( ayear ago).The difference between Application forms for Tax Credits for 2003 and 2004 is that that they added a condition in the application form for 2004,
" Are you subject to Immigration Control"? Yes or No.
If Answer is in Yes we simply refuses the application but in the first year that question was not in the application form so we gave tax Award to everybody irrespective of his Immigration status.Since you applied in the last year s application form so you awarded tax credits in the information we required at that time .

When I contacted immigration Adviser he said that CTC and WTC are public funds now though he couldn t give me any specefic date.He further advised me to put a note in FLR IED application while extending visa that I have been awarded tax credits in the year 2003 when it was not subject to immigration control and all will depend on Immigration adviser for the final decision.

Can my application be refused on the basis that I am getting WTC and CTC under old term and condition?
Any suggestion or comment will be taken into consideration seriously. thank you