Dependant claimed for benefits - too much trouble?

[pirilimpimpim]

Hello all,

I spent the last 3 days reading absolutely everything I could in this forum. My husband is on WP, me and baby are dependants and we are now entitled to the ILR after 5 years in the country. We live in London but managed to get an appointment in Belfast this week. When filling the form, we realised the Child benefit I am receiving ignorantly - when I had the baby the Health Visitor said I should apply and I simply assume the HMRC would refuse it but they didn't - is a breach of condition to stay. Today I cancelled the benefit, and I'll return the money ASAP. However I find it unlikely to get a confirmation letter from the HMRC before my PEO appointment later this week.

In a nutshell: I, the wife and dependant, claimed the benefit that is on my name only. That said, in the form the main applicant (husband) will be able to say 'no' to the 'are you receiving benefits' question.

Questions:
1 - Will we have to mention this stupid mistake in the interview?
2 - If the dependant break the rules, even by accident, will the main applicant have any responsibility over it?
3 - As I don't have to provide any of my details, NI number, nor answer to benefit questions in the form, do I need to say anything at all in the interview?

I am definitely not entitled to the Child Benefit, never worked in Canada, etc. I am also in the high tax bracket and I mentioned it to the HMRC earlier today in an attempt to speed up my Child Benefit cancellation.

4 - Should we simply cancel the PEO appointment and get a solicitor to represent us? Will this make any difference?

Please HELP!
I'm really stressed over this, specially as we have a toddler and will travel to Ireland in order to get the ILR.

THANKS!

[geriatrix]

If you have claimed public funds in the past then I wouldn't suggest that you make the mistake of applying in person.

[pirilimpimpim]

Does the fact that the benefit claim was a mistake have any importance? We're both in the high tax bracket so we clearly haven't claimed the benefits in order to maintain ourselves in the country. And does the fact that the claim was made by a dependant and not by the main applicant make any difference?

[geriatrix]

Breach of immigration conditions is a breach, irrespective of whether it was due to a mistake or ignorance or "someone told us it would be okay" or "someone else will check and let us know if otherwise".

Only the person who had breached the conditions is affected. But this is not a situation that cannot be rectified and therefore will not affect settlement if corrective actions have been taken (which you state have been initiated), so don't worry too much.

When does your current leave expire?

[pirilimpimpim]

My husband has a WP visa valid until oct/2013, me and baby as dependants, however, we qualified for ILR through the 5 years period on aug/2012. (first entry in aug/2007, on a different work permit).

I'm not assuming everything will be fine, I just want to know what to expect as I mistakenly made the claim, not my husband (main applicant). As a dependant in the ILR I do not have to provide any details about past claims, employment, income, nor even my NI number. I'm scared. I don't want to jeopardize our application.

[geriatrix]

Don't worry. You have enough time to sort this out. Defer your application until then.

1. Repay what has been claimed.
2. Get confirmation from HMRC that the money has been paid back in full.
3. SET(O) form asks the question about public funds in "present tense", so answer in negative.
4. Prepare a covering letter explaining the circumstances and include confirmation from HMRC that the benefit claims have stopped and all the money wrongly claimed has been paid back.
5. Apply for settlement by post. Applying in person would be a waste of money as UKBA will defer your application until they have verified your case with HMRC.

[pirilimpimpim]

Thank you.

[pied_piper]

i strongly recommend there should be a like button on this forum as I really liked the Mod's response on this.