Urgent help for applying unlimited leave to remain

yplx · Post by **yplx** » Sun Mar 12, 2006 9:11 pm

Hi Pals,

I was really upset when my application for unlimited leave to remain was put to further consideration during a face-to-face-interview last week. The reason is that I have been awarded Child tax credit since about 2002 and it was said not I was not eligible as I have been holding work permit. The child tax credit is only GBP545 something p.a. and not really a huge amount and I did not realize that I was awarded this until now. I do not mind to refund this to HMRC but can anyone who has or heard of this kind of experience tell me how is the possibility of being rejected? and how long will the decision take? Thank you so much for the help!!

tvt · Post by **tvt** » Sun Mar 12, 2006 9:38 pm

1. How did the immigration find out out about the tax credits?
2. When you filled in the SET(O ) form, did you mention the receipt of child tax credit?
3. When you applied for tax credits did you tick the box saying that you were subject to immigration control?

yplx · Post by **yplx** » Sun Mar 12, 2006 9:41 pm

Thanks for reply. It is on bank statement. The thing is, On Dec 2004 when I renewed my visa, Home Office has asked me if I received Child Tax Credit. I wrote to them saying yes and showed them Inland Revenue Yearly Statement. I got renewal without further questions.

tvt · Post by **tvt** » Sun Mar 12, 2006 9:43 pm

In Dec 2004 Child Tax Credit was not on the list of public funds. It entered the list in March 2005.

yplx · Post by **yplx** » Sun Mar 12, 2006 9:44 pm

I am too agitated and forgot your second point. Yes I stated I received the credit.

On your third point, I really could not remember - it was filled back in 2002 and I do not have good filing system.

I am desperate to get through ......

Thanks for any info .. but wish that is a good one

yplx · Post by **yplx** » Sun Mar 12, 2006 9:47 pm

I am ignorant enough to follow any updates .... So what do you think my chance is? From what the officer said it seems all right but not sure about her words

tvt · Post by **tvt** » Sun Mar 12, 2006 9:50 pm

You should contact an immigration lawyer immediately before you get the refusal and curtailment of current leave to remain and ultimately an administrative removal. Breach of conditions of leave is a very serious matter.

yplx · Post by **yplx** » Sun Mar 12, 2006 9:57 pm

so serious? Is it classifed as an error by HMRC ? And this is not even child benefit which I am definitely not eligible to.

tvt · Post by **tvt** » Sun Mar 12, 2006 9:57 pm

Your main line of defence should be the following:

http://www.ind.homeoffice.gov.uk/ind/en ... 0funds.pdf

"5.1.6 Wrongly paid tax credits by HMRC

When child and working tax credits were introduced in 2003, they were paid in error to some individuals subject to immigration control. HMRC are stopping
payments to anyone incorrectly awarded tax credits.
In such cases, the erroneous receipt of tax credits will not count as recourse
to public funds."

yplx · Post by **yplx** » Sun Mar 12, 2006 10:06 pm

any good lawyer recommended?

How well do you think I can use that to defend myself? any example?

tvt · Post by **tvt** » Sun Mar 12, 2006 10:12 pm

My favourite immigration lawyers are

www.plsimon.co.uk

It is up to you to decide whether you want a DIY job or not. I cannot estimate your success prospects as I don't know you.

It may be that the Home Office themselves will notice that you received the credits erroneously and therefor this should not be regarded as recourse to public funds. The question is whether you want to take the chance of getting a refusal or whether you want to take a preventative measure before.

yplx · Post by **yplx** » Sun Mar 12, 2006 10:27 pm

any idea on the how home office decides if I received the credit errorneously or not?

tvt · Post by **tvt** » Sun Mar 12, 2006 10:34 pm

In the interview, did the caseworker give you a chance to explain and justify yourself?

yplx · Post by **yplx** » Sun Mar 12, 2006 10:41 pm

At that time I had no clue about this so i did not make any efforts to explain it except presenting her all the facts. she said it might be awarded by mistake and should pass if the money is refunded. but what is 'by mistake'?

I could not remember what I did to get the credit. Did person first arrived in UK in 2002 need to fill in a claim form or so?

tvt · Post by **tvt** » Sun Mar 12, 2006 10:45 pm

I think your case has been referred to a senior caseworker.

Yes, there was no award without filling the claim form either online or by post. Also every year you had to renew the award so getting the award post March 2005 was not only a passive omission but an active act on your part.

yplx · Post by **yplx** » Mon Mar 13, 2006 10:37 am

No I do not think I actively renew the claim to credit every year as both my husband and I am not high-tax payer. so i did not do self-assessment every year as all has been done through PAYE system. Is this sensible?

Post by **John** » Mon Mar 13, 2006 11:07 am

tvt wrote:every year you had to renew the award so getting the award post March 2005 was not only a passive omission but an active act on your part.

No, that is not true. The person in those circumstances merely has to report a change of circumstance. Lack of action by the person ... lack of need to report a change of circumstance ... leads to the claim continuing automatically.

So the term passive renewal does seem to sum it up.

tvt · Post by **tvt** » Mon Mar 13, 2006 11:19 am

I was under the impression that every year you get a renewal form and need to provide total income (from all sources above £300) details for both partners and then sign and return the form to HMRC. Please correct me if that's not the case.

yplx · Post by **yplx** » Mon Mar 13, 2006 11:30 am

It seems John's point is more close to my situation. I have checked HMRC website just now and it states the procedure as at the end of the year HMRC will issue TC602(C) to us. We check it and obligation lies on if there is any change in circumstances like income or martial status.

Post by **John** » Mon Mar 13, 2006 11:43 am

tvt wrote:Please correct me if that's not the case.

You are duly corrected .... it is not the case! Well certainly it is not always the case .... many renewal claims are merely passive.

Wanderer · Post by **Wanderer** » Mon Mar 13, 2006 12:28 pm

John wrote:
tvt wrote:Please correct me if that's not the case.
You are duly corrected .... it is not the case! Well certainly it is not always the case .... many renewal claims are merely passive.

They are. You are sent and letter warning you to advise of changes blah, blah, which of course to me means telling then ur not entitled to them.

But ur not required to sign anything or be proactive in any other way than above.

yplx · Post by **yplx** » Mon Mar 13, 2006 12:39 pm

Thanks for all the contribution. Concluded from what has discussed here, as long as i did not say i was not under immigration control the case should be OK?

And John: As Chinese Nationalist for all my family, any impact?

Post by **John** » Mon Mar 13, 2006 12:40 pm

Wanderer I hear what you say but they cannot be expected to be experts on Tax Credits law and indeed what has changed? If the application form said that they were subject to Immigration Control, and they still are subject to Immigration Control, well that does not sound like a change to me.

The fact is that Tax Credits administration has been a nightmare! That is the fault of the Government ... not the people being paid.

tvt · Post by **tvt** » Mon Mar 13, 2006 12:54 pm

There are two different aspects here: the tax credits one immigration one.

The tax credits aspect: lets say that it was not your fault as you provided them with true and full details and there was no change in your circumstances.

But still for immigration purposes you were receiving public funds contrary to your conditions of leave unless you manage to convince the IND that you are entitled to benefit from s. 5.1.6 of the above IDI.

yplx · Post by **yplx** » Mon Mar 13, 2006 1:15 pm

there are two nightmares here: one is the government which is not resolvable and i could not blame them unless they invite me to do so!

another is my filing system. I think if I can be sure that I filled the initial tax return form (TC600?) correctly I shall be all right.

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Urgent help for applying unlimited leave to remain

Urgent help for applying unlimited leave to remain