child tax credits & n.i number help please

[hbee86]

Hello everyone, ill begin by saying I am an american that has been living in the uk for 2 years now, I am married to a british born citizen and we had a baby 4 months ago. When I first arrived I didn't apply for a n.I because I wasn't working and by the time I needed one I was a few months pregnant. My pregnancy was high risk and I was put on bedrest due to this I became an overstayer. Fast forward my husband was made redudant but he attends college still and will do for another year ironically he is in accounting. Anyways we applied for child benefit when son was born, my husband being the citizen with the n.I number is the claimant for that and he currently gets singles rate job seekers but they have me on his records. we have been struggling to get child tax credits for our son and claimed back in october, we have sent our marriage certificate, passports, proof of income, and my refusal letter given to me by DWP when I applied for a n.I and got refused due to my lack of valid status. We called tax credit help line many many times and told them I am subject to immigration control and since my partner is the main claimant and tax credits misc amendments I do not require this n.I the hmrc told me they don't allocate a temporary reference number that the DWP have to do it so are sending me to an n.I interview which is a total waste of time. I called the DWP who still have me on their records and asked them about this and they told me to contact hmrc. Am I missing something? They are just fobbing me off and I'm worried since the tax year is almost over how that's gonna work out if it isn't processed by then and I'm confused as to why they are sending me to n.I interview when I've sent them proof I am not entitled to one and they have seen my passport. I have gotten my mp involved over a month ago and its done nothing.

[wiggsy]

how long have you overstayed?

it might be best to leave the country and reapply from home ffor a visa...
as you applied for a ni number and am now an illegal. the UKBA will shortly be knocking on your door.

they will grant you an IS96 which will give you temp admission, but if it gets this far, it will effect your visa application in the future.

just a note: if your partner claims any public funds, and you are listed as the partner (JSA/ESA/IS ETC)
you are deemed as in reciept too! - legally you have to list your name as partner though. otherwise it is fraud!

CTC/WTC/CB do not count though.

the same thing happened to me and my wife.

tax credits will need a copy of your refusal for NI number letter, with a covering letter asking for it to be back dated to when your child was born.
along with a fresh application form.

it took me and my wife about 10 months to get our CTC awarded. was a nice chunk of money in backpay though.

also, ensure he is the main applicant, and write the covering letter. also make them aware that your partner would be elegible on his own as a single claimant, and therefore is elegible as a couple claimant.

also, bear in mind: your child is british! (and can be dual nationality american, but this might hinder any future application) - get your childs british passport sorted (its only bout 50 quid...)

when UKBA called on us first thing., they began taking our daughters details down, and proceeded to say that they would be looking to remove her along with my wife... to which i produced my daughters passport and said "you really plan to remove a british child? on what grounds?" - dumbfounded looks...

the DWP contacted UKBA to check your status, along with your address, and considering you are now illegal, its best to resolve it BEFORE they come after you... (i know its hard if money is tight... but will be easier in the long run)

[hbee86]

Hello, thankyou for your response. The DWP does not contact the UKBA unless fraud or suspicous activity is involved. DWP has known for over a year that I am an over stayer and I have not received any warning or notice about my status. I am listed on my husbands job seekers but he gets paid the single amount so that wouldn't effect my visa at all. We get housing benefit but my husband is the claimant and by law I have to be on any claim he makes however we always send them a letter and they always look at my passport regarding my circumstances; just because I'm on the claim doesn't mean I am a recipeint of benefit. Couldn't you have just shown the UKBA your childs birth certificate? A passport is unnessary to prove a baby is a British Citizen and dual citizenship for my child as far as I. Know would not be a disadvantage at all. I am married to a british citizen and my child is a british citizen, the UKBA would not be allowed to deport me on the basis of human rights laws which state the right to family life. As it is, I have no family in the u.s, my husbands family is my only family along with our baby. Back on topic I contacted hmrc and they stated the interview was for face to face identity purpose only then they'd give me a tax credit reference number in place of an N.I but the bad news is it can take them over 6 weeks to post the letter and for DWP to receive it however DWP informed me after they get the form from the HMRC they set up the interview within 2 days tto 2 weeks and 8 don't live in a big city infact my town is tiny so shouldn't take too long, hopefully.

[wiggsy]

i am going by my own experiences. for a year my wife and i were together... it was not until we requested a nino that ukba "raided" us.

when you request a nino DWP (this is not tax credits, that is hmrc) will contact ukba to verify whether you have the right to reside. you can only obtain a valid nino if you have the right to reside and work/etc

http://webarchive.nationalarchives.gov. ... g_10014073

about baby... like i said, its better safe than sorry
dual nationality for the child could be tricky... and mean the main tie to this country (your child) isnt so strong for them not to go with you (if you get me)...

benefits: ensure you always write a letter and tell them you have no recourse.

i claimed jsa as a single rate, and it effected my wifes FLR(M) appliation originally... i will have to find out the refusal letters but it sited reciept of public funds... not if a couples claim - you BOTH recieve the funds, even if paid to one of you (one of the moderators might be able to verify this too)

the problem is, ukba cannot deport you, but you cannot work / etc...
do you want those restrictions put on you and your family.
my wife has had this for almost four years now. - its not pleasant...

plus: if you plan to live here when your old... you wont be getting any NI contributions, so therefore no state pension - i hope you have a private one set up.

also, does your hubby work? - ensure his HB claim is only as a "single rate"... hb innitially put my claim as a couple rate when i needed to claim... this again is recourse to public funds.
same with council tax benefit...
if you live there, there is no reduction, but to claim full CTB is recourse to public funds.


like i said, it took my wife and i almost a year to sort tax credits out.

im not being nasty etc, but it REALLY WILL be easier to leave, and get a visa as a spouse, and then return... (mind, the 18,600 income that is needed by your hubby to sponsor you is high now, but there are routes around this, such as EEA movement - working in another country etc)

- we are looking at EEA2 application for my wife...

but honestly" SORT YOUR SITUATION OUT BEORE THEY COME AFTER YOU.... THE SOONER THE BETTER... PROLONG IT, AND IT WILL GO AGAINST YOU, EVEN A HUMAN RIGHTS APPEAL - OUR FIRST FLR(M) APPLICATION WAS A HUMAN RIGHTS APPEAL!

they said that my wife could go to indonesia, work there, i dont know indonesian (well, i do a little, but not excessive) so i couldnt work.
etc etc etc they said i could move to indo, it would cause no excessive disruption to family life.
we could communicate in the common language we communicate in currently (in england)
and even if my wife leaves the uk, it would cause no disruption to family life with modern communication (telephone and internet)

again, im not being nasty, its our experience...!

normalise your stay... seriously. you will be better off for it...

its not nice being told you cant work - even if you dont want to at the minute, some point in the future you will want to... money will get tight.

[wiggsy]

public funds guide...
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


also...
see section 6.2, 6.3 and 6.4.
http://www.visalogic.net/style/asset/public_funds.pdf

this document states if he is entitled to recieve the funds on his own (a single parent) he is entitled to claim it, despite you living with him...
but because you live with him, council tax increases by 25%. council tax benefit will assess the whole amount payable...
so you cant claim ctb because he would be claiming more funds than he would be entitled to if you were not living with him...

housing benefit is tricky... as a single parent he is entitled to a 2 bed home. you living there does not alter this...
but ensure he only has the "single parent" rates on his claim for applicable amounts... not couple etc... otherwise, again. recieving more than entitled to.