Child benefit mistakes

[zhangwb97]

I am going to apply ILR as WP+Tie2 and already booked an appointment at one PEO two weeks later. Unfortunately, I recently found out that I should not have applied Child Benefit and Child Tax Credit due to the immigration status, known as "no resource to public funds". I did not realize this earlier because this did not come up as a problem when I extended my visa twice. I tried to contact HMRC but it seemed impossible to refund all the money in a short time and before my appointment. I can certainly cancel my appointment but just have some confusions:
1. Will UKBA definitely check the benefit application in each ILR application or it is just a random check, since somebody said they are two seperate departments?
2. If I have stopped receiving benefit but have not refund all the payments by the time of application, will it still be rejected?
3. What is the consequence of a refusal of ILR application? Does it mean that my current leave to remain will end as well?
Many thanks.

[John]

What is your nationality? And the nationality of your spouse/partner?

[zhangwb97]

What is your nationality? And the nationality of your spouse/partner?

China. Thanks John.

[John]

I presume you are both Chinese?

It is a long shot but before coming to the UK, did either of you work in another country, apart from China? If yes, please give details.

Also the Tax Credits claim ..... when were Tax Credits first claimed? Month? Year?

[zhangwb97]

I presume you are both Chinese?

It is a long shot but before coming to the UK, did either of you work in another country, apart from China? If yes, please give details.

Also the Tax Credits claim ..... when were Tax Credits first claimed? Month? Year?

Yes We are.
I worked in Japan before I came to UK. But just wondering if this has any relevance with the ILR?
From Jan 2008.
Many thanks.

[John]

Unfortunately none of that helps. I am surprised that the claims for those benefits were granted.

The important thing is that you withdraw the claims ..... stop claiming .... as soon as possible .... so that when you complete the form for ILR you can honestly and correctly answer the Public Funds question .... "NO"! Why? Because the question is asked in the present tense .... are you claiming? ..... so the correct answer will of course be .... NO!

Why did I ask where you worked? For example if you had worked in Canada then a claim Child Benefit would have been totally OK .... because the terms of the Social Security between the UK and Canada is drafted in such a way as it covers not just Canadians but also anyone who has paid Canadian Social Security contributions.

[zhangwb97]

Unfortunately none of that helps. I am surprised that the claims for those benefits were granted.

The important thing is that you withdraw the claims ..... stop claiming .... as soon as possible .... so that when you complete the form for ILR you can honestly and correctly answer the Public Funds question .... "NO"! Why? Because the question is asked in the present tense .... are you claiming? ..... so the correct answer will of course be .... NO!

Why did I ask where you worked? For example if you had worked in Canada then a claim Child Benefit would have been totally OK .... because the terms of the Social Security between the UK and Canada is drafted in such a way as it covers not just Canadians but also anyone who has paid Canadian Social Security contributions.

Thanks a lot John.
What I am really worried about is that, even if I make a resonable answer to that question as "Yes", but in case the caseworker still find out that I have not managed to refund all the money, will my application still be rejected without the right of appeal? And most important, will this affect my current leave to remain and when can I make a further application?

[RegularInv]

Unfortunately none of that helps. I am surprised that the claims for those benefits were granted.

The important thing is that you withdraw the claims ..... stop claiming .... as soon as possible .... so that when you complete the form for ILR you can honestly and correctly answer the Public Funds question .... "NO"! Why? Because the question is asked in the present tense .... are you claiming? ..... so the correct answer will of course be .... NO!

Why did I ask where you worked? For example if you had worked in Canada then a claim Child Benefit would have been totally OK .... because the terms of the Social Security between the UK and Canada is drafted in such a way as it covers not just Canadians but also anyone who has paid Canadian Social Security contributions.

Thanks a lot John.
What I am really worried about is that, even if I make a resonable answer to that question as "Yes", but in case the caseworker still find out that I have not managed to refund all the money, will my application still be rejected without the right of appeal? And most important, will this affect my current leave to remain and when can I make a further application?

One of my friend had a similar situation. As far as I know he got a rejection initially and then he tried returning the money back to HMRC by keeping proof of each communication. (Though HMRC returned the cheque back saying that he was entitled which is a shame thinking that there isn't a way for them to check if he was actually eligible)

He definitely got ILR later on. So be hopeful...

As I see if you prove that benefit was claimed wrongly and that you've tried returning the sum (or returned successfully), it should be ok.

It is still your decision to go ahead and apply.

[gazza1990]

Unfortunately none of that helps. I am surprised that the claims for those benefits were granted.

The important thing is that you withdraw the claims ..... stop claiming .... as soon as possible .... so that when you complete the form for ILR you can honestly and correctly answer the Public Funds question .... "NO"! Why? Because the question is asked in the present tense .... are you claiming? ..... so the correct answer will of course be .... NO!

Why did I ask where you worked? For example if you had worked in Canada then a claim Child Benefit would have been totally OK .... because the terms of the Social Security between the UK and Canada is drafted in such a way as it covers not just Canadians but also anyone who has paid Canadian Social Security contributions.

This is interesting. My situation is different I am British (wife's ILR application coming up)

I was wondering if I needed to put all of the benefits I have ever claimed down (for about three months last year had to claim child benefit, child and working tax credit, housing benefit, and council tax benefit, as things were not going well with work).

If at time of application we just put child benefit and child tax credit on form (as is the case now) this is fine then?

[John]

gazza1990, for you this is covered at length in the Claiming Benefits section of this board.