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HiPG, Benefits Etc.Does applying alone contradict your visa?

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

John
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Location: Birmingham, England
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Post by John » Sun Jun 27, 2010 1:30 pm

when I recieved the HiPG we were not married and my now husband was not a citizen only a permanent resident at that time.
Can I ask, were the two of you living together, when you claimed the HiPG?
John

BB1234
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Post by BB1234 » Sun Jun 27, 2010 1:52 pm

Yes we were living together and I am including proof of this in my application. Also I am Australian, not sure if that makes a difference at all.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
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Post by John » Sun Jun 27, 2010 1:59 pm

That being the case, and given your (now) husband then had ILR, you were still entitled to claim the HiPG.
John

BB1234
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Post by BB1234 » Tue Jun 29, 2010 9:26 pm

Thanks so much for the information John. I got my ILR today!! They didn't even ask me anything about the HiPG. All that worry for nothing!

Thanks again.

John
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Location: Birmingham, England
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Post by John » Tue Jun 29, 2010 10:02 pm

BB1234, congratulations! But then, why not, you were entitled to the ILR.

Have you got long to wait until you qualify to apply for Naturalisation? When did you come to the UK?
John

BB1234
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Post by BB1234 » Thu Jul 01, 2010 8:56 pm

Yes I now qualify for naturalisation and I actually put my application in yesterday with the national checking service so I should be British before you know it!

Thanks again.

Doula1
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Post by Doula1 » Mon Sep 13, 2010 6:27 pm

Hi Cogunde, can you please give an update on how this affected your application. Was your ILR granted after your refund?

My husband phoned the home office and he was told that although I was entitled to claim it was down to me whether I claimed or not.

In other words entitlement does not mean this would not be regarded when you make your application. All I have recieved is conflicting information from both the Home Office and the HMRC. Its so disturbing!!!

The best option for me will be a refund, the question is would it still count against you if you had claimed? Would that clear the records?

John
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Location: Birmingham, England
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Post by John » Mon Sep 13, 2010 9:24 pm

Doula1, given that you tell us little about yourself it is difficult to comment.

What sort of visa are you on? And your husband's status the UK is what? British Citizen? EEA? Non-EEA? In which case type of visa held by him?
John

Doula1
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Post by Doula1 » Tue Sep 14, 2010 1:10 pm

Hello John,

Apologies for giving insufficient information. I have been through a lot of the posts on the boards and I'm truly amazed by how much support is available on this forum.

Ok, to your question, my visa type is the FLR(M). My husband is a British citizen and so is my son. He called the UKBA and the lady he spoke to said I wasn't eligible to claim but my husband was. This was not what the HMRC told me when I called them and spoke to them about it. I remeber giving all my details and telling them what visa I was on etc...

I've made up my mind to pay back the money, but the HMRC say they have to contact their head office who will then get in touch with me. They also say they cannot comment on immigration status..well why didn't somebody say so at the time? It would also have helped if they had asked me to contact the Home Office.

Can anyone tell me how to get in touch with the Head office so I can get this over and done with, its caused me a whole lot of stress..for a paltry £190? I'd also like to know if anyone refunded and the slate was wiped clean ..so to speak. I wish I wasn't so sick when I was pregnant, maybe I would have carried out more checks. But hey, if wishes were horses eh....

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Sep 14, 2010 4:37 pm

Doula1, given that you are the spouse of a British Citizen you are totally entitled to claim the HiPG. Stop worrying! And paying back what you are entitled to would be, in my opinion, a total waste of money.

Your baby has been born, so are Child Benefit and Tax Credits being claimed?
John

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