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Was the question:Atif786 wrote: ↑Fri Jan 25, 2019 1:01 amHi Macnath, Zimba and all the respected Gurus and Moderators, i am in a very sticky wicked situation as i am planning to apply for ILR ( Long term residence ) in april 1st week but my past seems to be haunting me now.
i would like to give a little brief on my immigration history,
Entry clearance to the UK May 2009
PSW Granted Jan 2011 to Jan 2011.
My son was born on the 8/03/2012 ( while i was on PSW) and we were given a child benefit form by a midwife asking us to fill it in and send to HMRC as it's compulsory to do that.
I remember that i filled in the form and ticked the option that i come under immigration control and posted the application form along with the copies of our passports , and i was not expecting any child benefit as i knew that we come under immigration control but we were told by someone that it's up to HMRC's discretion to grant CB or not, in July 2012 i have received CB funds in Bank account backdated to March 2012, and i called HMRC couple of times stating that we are not eligible for CB but they kept making payments until December, they only stopped them payment on my written request posted to HMRC explaining them the situation and that i wanted to pay the money back, so someone from HMRC Rang us to set up a direct debit to repay the CB funds in installments for £35 per month and the repayment process started .
Now the twist in the tail is that i applied for my Tier 1 Entrepreneur initial visa in Jan 2013 and declared in the application form that i am not receiving any public funds as the question was frame in such a way " are you receiving any public fund " which i was not at the time of application as it was stopped in december , and they granted me the Tier 1 Ent in April 2014.
I have repeated the same thing at the time of my extension Tier 1 Ent Extension in March 2017 and i was grated visa in Oct 2017 without any problem whatsoever by the grace of God and by the help of the moderator of this group .
i would have disclosed the CB information on the form on both the occasions had they asked the specific question if i have ever received any public funds and there wasn't any other option or column to disclose that information ( like they have specific questions in criminal and conviction section )
now yesterday when i was gong through immigration policy guidance i came across this Modernised Guidance for case workers on public funds and action to be taken (published Jan 2019 )
https://assets.publishing.service.gov.u ... 4.0ext.pdf
it raises serious concerns for Applicant were in the receipts of public funds when they were not entitled to , with some exceptions and it also states that not to refuse an application on no recourse to public funds basis if it's an administrative error but the next para bothers me the most which is as follows and i am quoting "
"Have they breached the conditions of their current leave?
A person who applies for leave will have conditions attached to their current leave thhat
states they cannot access public funds. You must check what is written on their:
• Biometric residence permit
• entry clearance certificate
• visa
• other immigration document
Related links
Action to take when an applicant has received public funds
Links to staff intranet
removed
Page 49 of 62 Guidance – Public funds – v14.0 Published for Home Office staff on: 07 January 2019
You must consider refusing the application under paragraph 322(3) of the Immigration Rules
if they have claimed public funds but their conditions of leave state they cannot access
them. This is because they have breached the conditions of their stay. For more information,
see related link: General grounds for refusal.
If you find out an applicant has received public funds but you have confirmation this is the
result of an administrative error, or because an exception applies, you must not refuse the
application on the grounds the applicant has no recourse to public funds. If the applicant
was clearly not at fault and they received public funds in good faith, the benefit paying
department may seek repayment.
Have they declared they are in receipt of public funds on the application form?
All application forms include a section that asks the applicant to declare whether they have
received public funds.
If an applicant has received public funds that have a negative impact on their application, but
not declared this on their form, you must refuse the application under paragraph 322(1A) of
the Immigration Rules. This is because they have not declared a material fact when making
their application. For more information, see related link: General grounds for refusal. If a
person has not declared they have received public funds but they can claim these because
of an exception you must not refuse under paragraph 322(1A).
Was the Public Fund awarded as the result of an administrative error?
Where the applicant provides confirmation from the awarding body that the public fund was
awarded following an administrative error, you must disregard it and not refuse the
application on this basis. You must still consider whether the applicant is able to meet any
maintenance and accommodation requirements as indicated above."
i have spoken to the hMrc yesterday and they have confirmed the record of my CB claim on their file and i asked them to send me a letter stating that it's was an administrative error and the repayment was done , i was told that the back office team will check the original CB form and will send me a letter accordingly .
i hope and wish they send me a required letter as i was the one who asked them stop the payment and i come under immigration control .
my question is if in the ILR form if the questions remains the same " are you receiving any public funds ?
so my answer should be now ( is that correct )?
secondly can i explain in covering letter about this CB claim back in 2012 and repayment was done with a letter from HMRC that it was an administrative error ( i hope they issue this letter to me) so i am 100% sure UKVI can't refuse my application on the basis of section 322 (7A) as it's clearly in modernised guidance not to refuse , but can they refuse on the basis of Para 322 ( 7B) for not disclosing the material facts on the previous 2 applications ?
or shall i not disclose anything about my Child benefit as in ILR application as well because it's only asking if i am receiving Public funds or not ?
what are the possibilities and probabilities guys please help me out as i am very stressed.
sorry for the long post but i am sure many people are on the same boat and your suggestions will be highly appreciated.
awaiting reply.
Thanks
So then you answered correctly.
I tend to agree with this. It is better to be totally honest about the past CB and, as you say you will do, explain it was an administrative error and that you have repaid the funds. It would have been better had you disclosed this in your previous applications but, as you say the question is 'are you receiving public funds' so you rightly answered 'no' but you should have explained your initial erroneous claim. If you can get a letter from HMRC, that would be helpful.katanayi wrote: ↑Fri Jan 25, 2019 4:21 pmI think your missing whole point, your main condition of visa is not using recourse or public funds. it applies past or present.
I feel you better declare and attach letter from HMRC. Be safe
I remember, couple of threads on this subject please search on forum.
Atif786 wrote: ↑Fri Jan 25, 2019 1:01 amHi Macnath, Zimba and all the respected Gurus and Moderators, i am in a very sticky wicked situation as i am planning to apply for ILR ( Long term residence ) in april 1st week but my past seems to be haunting me now.
i would like to give a little brief on my immigration history,
Entry clearance to the UK May 2009
PSW Granted Jan 2011 to Jan 2011.
My son was born on the 8/03/2012 ( while i was on PSW) and we were given a child benefit form by a midwife asking us to fill it in and send to HMRC as it's compulsory to do that.
I remember that i filled in the form and ticked the option that i come under immigration control and posted the application form along with the copies of our passports , and i was not expecting any child benefit as i knew that we come under immigration control but we were told by someone that it's up to HMRC's discretion to grant CB or not, in July 2012 i have received CB funds in Bank account backdated to March 2012, and i called HMRC couple of times stating that we are not eligible for CB but they kept making payments until December, they only stopped them payment on my written request posted to HMRC explaining them the situation and that i wanted to pay the money back, so someone from HMRC Rang us to set up a direct debit to repay the CB funds in installments for £35 per month and the repayment process started .
Now the twist in the tail is that i applied for my Tier 1 Entrepreneur initial visa in Jan 2013 and declared in the application form that i am not receiving any public funds as the question was frame in such a way " are you receiving any public fund " which i was not at the time of application as it was stopped in december , and they granted me the Tier 1 Ent in April 2014.
I have repeated the same thing at the time of my extension Tier 1 Ent Extension in March 2017 and i was grated visa in Oct 2017 without any problem whatsoever by the grace of God and by the help of the moderator of this group .
i would have disclosed the CB information on the form on both the occasions had they asked the specific question if i have ever received any public funds and there wasn't any other option or column to disclose that information ( like they have specific questions in criminal and conviction section )
now yesterday when i was gong through immigration policy guidance i came across this Modernised Guidance for case workers on public funds and action to be taken (published Jan 2019 )
https://assets.publishing.service.gov.u ... 4.0ext.pdf
it raises serious concerns for Applicant were in the receipts of public funds when they were not entitled to , with some exceptions and it also states that not to refuse an application on no recourse to public funds basis if it's an administrative error but the next para bothers me the most which is as follows and i am quoting "
"Have they breached the conditions of their current leave?
A person who applies for leave will have conditions attached to their current leave that
states they cannot access public funds. You must check what is written on their:
• Biometric residence permit
• entry clearance certificate
• visa
• other immigration document
Related links
Action to take when an applicant has received public funds
Links to staff intranet
removed
Page 49 of 62 Guidance – Public funds – v14.0 Published for Home Office staff on: 07 January 2019
You must consider refusing the application under paragraph 322(3) of the Immigration Rules
if they have claimed public funds but their conditions of leave state they cannot access
them. This is because they have breached the conditions of their stay. For more information,
see related link: General grounds for refusal.
If you find out an applicant has received public funds but you have confirmation this is the
result of an administrative error, or because an exception applies, you must not refuse the
application on the grounds the applicant has no recourse to public funds. If the applicant
was clearly not at fault and they received public funds in good faith, the benefit paying
department may seek repayment.
Have they declared they are in receipt of public funds on the application form?
All application forms include a section that asks the applicant to declare whether they have
received public funds.
If an applicant has received public funds that have a negative impact on their application, but
not declared this on their form, you must refuse the application under paragraph 322(1A) of
the Immigration Rules. This is because they have not declared a material fact when making
their application. For more information, see related link: General grounds for refusal. If a
person has not declared they have received public funds but they can claim these because
of an exception you must not refuse under paragraph 322(1A).
Was the Public Fund awarded as the result of an administrative error?
Where the applicant provides confirmation from the awarding body that the public fund was
awarded following an administrative error, you must disregard it and not refuse the
application on this basis. You must still consider whether the applicant is able to meet any
maintenance and accommodation requirements as indicated above."
i have spoken to the hMrc yesterday and they have confirmed the record of my CB claim on their file and i asked them to send me a letter stating that it's was an administrative error and the repayment was done , i was told that the back office team will check the original CB form and will send me a letter accordingly .
i hope and wish they send me a required letter as i was the one who asked them stop the payment and i come under immigration control .
my question is if in the ILR form if the questions remains the same " are you receiving any public funds ?
so my answer should be now ( is that correct )?
secondly can i explain in covering letter about this CB claim back in 2012 and repayment was done with a letter from HMRC that it was an administrative error ( i hope they issue this letter to me) so i am 100% sure UKVI can't refuse my application on the basis of section 322 (7A) as it's clearly in modernised guidance not to refuse , but can they refuse on the basis of Para 322 ( 7B) for not disclosing the material facts on the previous 2 applications ?
or shall i not disclose anything about my Child benefit as in ILR application as well because it's only asking if i am receiving Public funds or not ?
what are the possibilities and probabilities guys please help me out as i am very stressed.
sorry for the long post but i am sure many people are on the same boat and your suggestions will be highly appreciated.
awaiting reply.
Thanks