Tier1 application - Child Benefit Issue

Saanvi · Post by **Saanvi** » Tue Mar 10, 2009 1:43 pm

Dear Moderators/Experts,

I am currently residing in UK on dependant HSMP which is expiring in June 2008. I am separated from my husband due to domestic violence on me at my house in April 2008. Now i had applied for Child benefit in Sept 2008. I specifically mentioned in the form that i have 'no recourse to public funds' and also in the additonal information section that i have 'no recourse to public funds'. But i was a victim of domestic violence and a court case was going on. I was taking care of my less than 2 yr old child on my own.
Inspite of giving all this information, i was allowed child benefit which i have been receiving since then.

I have been full time employment all through except for one month when i was switching jobs.

Now, i want to apply for Tier1. Being on dependant HSMP visa i need to go to my home country India to apply for the visa, i am flying to India in a weeks time for the same. I would be applying for a dependant Tier1 visa for my child (less than 2 yrs now).

As i am applying from outside the UK, i would be filling VAF9 and pbsappendix1 for myself and VAF10 form for my son.

VAF10 says i have to show evidence that i can take care of my son without any child benefits (WHICH I CAN). Child benefit was just like an extra perk for me.

Now what should i do,
1) Should i disclose that i have been getting child benefit even when i was having 'no recourse to public funds', even after declaring so in the child benefit form.
2) Cancel the payments and keep the payments till now.
3) Withdraw the child benefit and return all the money back.

4) Also, please advise if i am filling the correct forms, VAF9 and pbsappendix1 for myself, the main applicant and VAF10 for dependant child.

Imp: I have my Tier1 visa appointment before 18th of March in India. I want to do the needful for child benefit asap.

Please advise so that i have no hassles on child benefit front in clear go through for my Tier1 visa.

Thanks in advance,
Saanvi

Saanvi · Post by **Saanvi** » Tue Mar 10, 2009 1:50 pm

Forgot to add-on one thing in the above posting. My child was born in the UK. So am i filling the right form VAF10 for him.

He has never been to India after he was born, he went to USA on a visit once and came back. Now, a question on VAF10 asks,

6.4 Have you been granted a visa for the UK in the last 10
years? Put a cross (x) in the relevant box.
What should be the answer for that? YES or NO?

Thanks a ton,
Saanvi

Saanvi · Post by **Saanvi** » Tue Mar 10, 2009 2:20 pm

I already have an 'Entry Clearance' stamped when i came first to UK on spouse/dependant visa, then my husband shifted to Work Permit and then to HSMP. Thus currently i and my son have dependant HSMP status.

Do i also need to apply for an 'Entry Clearance' to UK for me and my son after Tier1 is accepted? If yes, when should i apply. Is it a separate process? Where can i get information on that. My current dependant HSMP visa has validity till June this year and my 'Tier1' results will be out before that.

Thanks Again,
Saanvi

nksg · Post by **nksg** » Tue Mar 10, 2009 3:47 pm

Hi Saanvi,

To what i have read from the forums on your current leave you are not allowed to claim public funds.. If you do there is 100% chance of your Tier 1 rejection.

I have seen (In forums.. trackitt (i think)) in such cases people usually return the claimed money and got the approval.. so according to me irrespective of your circumstance, option 3 is the best..

Your case seams to be complicated .. as you stayed in the country on dependent even after you separated from your husband (Who is primary applicant).. you should seek advice from experts.. i.e solicitor.. (Apologies if i am incorrect but this is what i would have done in your case.)

Saanvi wrote:Dear Moderators/Experts,

I am currently residing in UK on dependant HSMP which is expiring in June 2008. I am separated from my husband due to domestic violence on me at my house in April 2008. Now i had applied for Child benefit in Sept 2008. I specifically mentioned in the form that i have 'no recourse to public funds' and also in the additonal information section that i have 'no recourse to public funds'. But i was a victim of domestic violence and a court case was going on. I was taking care of my less than 2 yr old child on my own.
Inspite of giving all this information, i was allowed child benefit which i have been receiving since then.

I have been full time employment all through except for one month when i was switching jobs.

Now, i want to apply for Tier1. Being on dependant HSMP visa i need to go to my home country India to apply for the visa, i am flying to India in a weeks time for the same. I would be applying for a dependant Tier1 visa for my child (less than 2 yrs now).

As i am applying from outside the UK, i would be filling VAF9 and pbsappendix1 for myself and VAF10 form for my son.

VAF10 says i have to show evidence that i can take care of my son without any child benefits (WHICH I CAN). Child benefit was just like an extra perk for me.

Now what should i do,
1) Should i disclose that i have been getting child benefit even when i was having 'no recourse to public funds', even after declaring so in the child benefit form.
2) Cancel the payments and keep the payments till now.
3) Withdraw the child benefit and return all the money back.

4) Also, please advise if i am filling the correct forms, VAF9 and pbsappendix1 for myself, the main applicant and VAF10 for dependant child.

Imp: I have my Tier1 visa appointment before 18th of March in India. I want to do the needful for child benefit asap.

Please advise so that i have no hassles on child benefit front in clear go through for my Tier1 visa.

Thanks in advance,
Saanvi

Saanvi · Post by **Saanvi** » Tue Mar 10, 2009 4:03 pm

Hi nksg,

Thanks for the reply.

I will execute the third option. Claim of child benefit is not something i did knowingly as i had mentioned and i hadn't hidden anything from the HM Revenue and customs.

Coming to the point that i was staying in the UK even when i was separated. I am worried as this could become a problem for my visa. I am not aware of it and do you know of any rule that i am not allowed to stay in this country. I have a visa stamping till June 2008.

What do you suggest along with consulting a solicitor. I don't have much time, that is another problem. Any website links where i can look for?

Thanks again,
Saanvi

nksg · Post by **nksg** » Tue Mar 10, 2009 4:46 pm

Honestly i am not aware of the laws in this case but one of my mate.. was married to British national.. He was on WP before wedding.. and later moved to Spouse visa which was issued for 2 years (I think). They got separated and finally divorced but this friend stayed and worked in the country for over an year after the divorce/separation.. on the expiry of the Spouse visa he went back to India.. but he recently got Tier 1 and very soon he will be flying back to UK.. i did not ask him how he did this but he told me he took help of some UK solicitor for his Tier 1 case...

For benefits.. yeah if you opt option 3 and return the benefit money and mention the same in the cover letter (that you were not aware of the fact) with some evidence that you informed on your passport status you will be fine..

on the other issue i have given you a live example.. so its not impossible.. All the best...

NK

nksg · Post by **nksg** » Tue Mar 10, 2009 4:59 pm

I think you should ans this as YES considering your son is an Indian passport holder.. so you must have got his passport stamped with your husband's dependent visa..

Saanvi wrote:Forgot to add-on one thing in the above posting. My child was born in the UK. So am i filling the right form VAF10 for him.

He has never been to India after he was born, he went to USA on a visit once and came back. Now, a question on VAF10 asks,

6.4 Have you been granted a visa for the UK in the last 10
years? Put a cross (x) in the relevant box.
What should be the answer for that? YES or NO?

Thanks a ton,
Saanvi

Saanvi · Post by **Saanvi** » Tue Mar 10, 2009 5:01 pm

Thanks again nksg,

Your reply on separation with real example gives me a bit more confidence.

I will say YES for granting visa for the UK for my son.

VAF9 and VAF10 are the correct forms to fill from India in my situation. Right?

Thanks,
Saanvi

Saanvi · Post by **Saanvi** » Tue Mar 10, 2009 5:03 pm

I am just trying to think where i should go to confirm that i can apply for Tier1 being a separated dependant and still living in UK but going to India to process Tier1.

Want to be sure else i will loose close to 1 lakh rupees if the visa gets rejected. That is a lot of money for a single mum.

Any more comments.

Thanks,
Saanvi

nksg · Post by **nksg** » Tue Mar 10, 2009 5:04 pm

Please refer to the link below:

http://www.ukvisas.gov.uk/en/howtoapply ... ralmigrant

You need to rush up as Tier 1 rules are getting more strict after 6th April (Please refer to other posts on this forum)..

It will get difficult unless you have masters degree and earnings over 20K...

All the best..

NK

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Tier1 application - Child Benefit Issue