Returning CB before ILR

[jeioct2012]

Hi, Can any body help? I have to return claimed Child Benfit. What to do so that I get sure ILR. There is no other issue except it.

[mo8]

why is it a issue claiming CB to apply for ILR?

[Casa]

It would be if the applicant was under Immigration control and not entitled to claim it.

[Casa]

Hi, Can any body help? I have to return claimed Child Benfit. What to do so that I get sure ILR. There is no other issue except it.

Assuming you've already confirmed with the benefits office that your claim for CB wasn't valid, have you been given instructions on how to return the payments? If so, make sure this is done before you submit your ILR application and that you have written confirmation. Without checking the new forms, I believe you are asked to tick whether you are currently claiming, not whether you claimed in the past.

[jeioct2012]

Well I called them and explained whole thing. I also put query online. I ask them for my wish for full refund. They said, they will return. But nothing happened.

Mean while i checked the form which i filled for CB claim. where i declared like " Are you subject to Immigration Control - Yes". Even then they granted me CB saying "you can still get CB if you belongs to one of the following :" and it has "Sponsored Immigrant". My visa/work permit falls in sponsored category (Sponsored by Company where i work, but it has stamp "No recourse to Public Fund).

Otherwise I would have stopped it that time. Please suggest what to do next.

Thanks

[Casa]

Contact them again.

[palaremzi]

Hello
Continuing on this subject. I am a Turkish national on a Tier 2 visa and I receive Child Benefit. Am I right to presume that, because of my nationality, this should not be a problem when I apply for settlement (in two years time).

[jeioct2012]

Hi Casa, I got a letter from CB office. They say " you are not supposed to get any CB because you have No recouse to public funds. No money was required to be paid to you. Because of change of your circumstances, you have been over paid. We have decided that you do not have to pay back money".

Now what to further for sure ILR.

[leo_sangha]

Hi Casa, I got a letter from CB office. They say " you are not supposed to get any CB because you have No recouse to public funds. No money was required to be paid to you. Because of change of your circumstances, you have been over paid. We have decided that you do not have to pay back money".

Now what to further for sure ILR.

Why are you asking these meaningless questions ?

The answer is very simple you are not entitled to Child Benefit because you've no recourse to public funds. You must return if you don't it is a very clear violation of immigration rules they'll refuse ILR nomatter what.

I've been in the same situation & had to return almost £1300.00 because my wife applied for it just because NHS hospital staff encouraged my wife to do it. How we found out, i went to cardiff PEO to get my daughter's visa sorted so that i can take her for a visit to india. Luckily i'd attached my wife's bank statements as well and from there the CW picked it up and told me that my visa Tier1 is also in danger because i've violated immigration rules, i managed to convince her that we'll return the money asap, which i did.

Although these guys are very nonresponsive, you've to be proactive to sort this out immediately.

So please return the money asap without any delay.

Just wanted to clarify one more thing, if you don't show you're wife's bank statements and you do manage to get ILR. And if they find this out at any later stage that you've been getting public money and intentionally lied it could be worse.

[leo_sangha]

Hello
Continuing on this subject. I am a Turkish national on a Tier 2 visa and I receive Child Benefit. Am I right to presume that, because of my nationality, this should not be a problem when I apply for settlement (in two years time).

If your visa states that you've no recourse to public funds. You cannot claim child benefit. I know these guys give CB to anybody but you've to careful not to violate rules as per your visa.

[jeioct2012]

Thanks for Advice. I have returned/refunded entire money now. But this figure (paid amount) is appearing in my statement of this month August 2012 with HMRC ndds. Will it make any difference now. Should i say No in SET(O) form in benefit declaration section or Say Yes and attach all proof of money return to get sure ILR. There is no other issues for success ful ILR.

[Siren]

Following on from the situation of our friend above who had to return CB for his ILR application I have a related question.


My wife is here on a spouse visa with no public funds but due to my health condition which deteriorates during the colder months we are not sure whether or not we intend to stay in this country or relocate abroad.


This uncertainty is making it very difficult to decide whether or not to transition my HB/CTB from a single, as it was, to a couple claim (I also have WTC as a couple which I know is not public funds).


If we were to decide to stay in the UK then we would want to qualify for ILR and therefore definitely not claim the HB/CTB.


However, if we thought we might actually go abroad to live are there any downsides to claiming the HB/CTB just now before we leave the country, esp bearing in mind later on we may well wish to apply for settlement outside the country after living together for the required 4 years? Would this prior public funds infringement count against us at a later date?


If we claimed it now thinking we might go abroad but then actually decided to stay here for the full probationary period for ILR could we then simply just repay the HB/CTB benefit claimed as our friend above has done?


And if in that case we could, as mentioned, would this have any adverse impact on any future iLR claims, either inside or outside the country, or indeed any other negative effects at all?


In there are no reasons against it, in the absence of certainty, are there therefore any good reasons why anyone would simply apply for the benefit and then return it later if necessary?


Also will a joint HB/CTB claim still be counted as recourse to public funds even if my wife gets a job so that the HB/CTB benefit is reduced to lower than a single claim without income? Surely this would then mean we are not getting more public funds as a result of her being here?


Many thanks all. Siren

[leo_sangha]

Thanks for Advice. I have returned/refunded entire money now. But this figure (paid amount) is appearing in my statement of this month August 2012 with HMRC ndds. Will it make any difference now. Should i say No in SET(O) form in benefit declaration section or Say Yes and attach all proof of money return to get sure ILR. There is no other issues for success ful ILR.

sorry for late reply, not sure if you've already applied for ILR.
just wanted to say because u've returned money u can mention that u're not claiming child benefit. Even write a letter and attach explaining what happened, you should be perfectly alright. important thing is you've not lied about it.

[jeioct2012]

Hi Thanks for reply, Not yet applied for ILR but going to Sheffield on 21Sept2012 next week. There is another glitch. I am on straight Five Year work permit visa start date 18oct 2007 to 18 Oct 2012. I came to UK on 05Jan2008 effectively 79 days delay in arrival.
As per guidelines of UKBA to count continuous 5 year which say if you are on a five year work permit and delay in arrival to UK is not more than 3 months no extension is required. In my case short fall of 79 days will be allowed to count 5 years continuous stay in UK.
Since my visa is expiring on 18Oct2012 and for ILR application you allowed to apply for ILR before 28 days before expiry of your visa, I am applying 27 before 18Oct2012.
Please advice whether I am right or wrong as far a application timing is concern.

[leo_sangha]

Hi Thanks for reply, Not yet applied for ILR but going to Sheffield on 21Sept2012 next week. There is another glitch. I am on straight Five Year work permit visa start date 18oct 2007 to 18 Oct 2012. I came to UK on 05Jan2008 effectively 79 days delay in arrival.
As per guidelines of UKBA to count continuous 5 year which say if you are on a five year work permit and delay in arrival to UK is not more than 3 months no extension is required. In my case short fall of 79 days will be allowed to count 5 years continuous stay in UK.
Since my visa is expiring on 18Oct2012 and for ILR application you allowed to apply for ILR before 28 days before expiry of your visa, I am applying 27 before 18Oct2012.
Please advice whether I am right or wrong as far a application timing is concern.

Again i'm late in replying but you should be ok as long as it is not more than 90 days. When i went so PEO at solihull i was told my entry to UK was 88-89 days delayed. But i was ok.