ILR and council tax

kapszone · Post by **kapszone** » Mon Jul 11, 2011 9:32 am

Hi Guys, need help here..

I have my ILR due next month, probelm I have is I got married 2.5 yrs back but I was still claiming council tax single occupancy discount till 1.9 yrs back.
So basically I claimed single occupancy discount for 9 months after my marriage, now will this be a problem while applying ILR in person ?

Can they check this when I apply ILR, is there anyway I can sort this out ? may be paying back the discount amount to council ? One more problem here is I emailed to council tax that I am alone just right after my spouse joined, so I cant even say that I forgot to add her to council tax. Please advise.

jami · Post by **jami** » Mon Jul 11, 2011 11:13 am

UKBA is not likely to know that but you should deposit the discount at the earliest as it is against the good character requirement. Council would not ask any question on that payment.

kapszone · Post by **kapszone** » Mon Jul 11, 2011 11:15 am

but will it not be a problem If I go back to council and say them I mislead you and want to pay now ?

Post by **Casa** » Mon Jul 11, 2011 11:57 am

You're what we call 'stuck between a rock and a hard place'. You face a refusal for your ILR application if you don't regularise the situation with the council before you apply for the ILR, but the council may prosecute you for making a fraudulent claim.
Big mistake...which you're obviously now well aware.

kapszone · Post by **kapszone** » Mon Jul 11, 2011 12:13 pm

Will they check the council tax records that I claimed single occupancy discount ? as I have other form of proofs for my spouse staying with me like bank statements.

sharjeelpk · Post by **sharjeelpk** » Mon Jul 11, 2011 12:20 pm

Its simple, Its not gonna be a problem in your ILR , Trust me, You do not need to disclose it, I beleave we are not discussing here that Is it right or not ? we are here to help each other and advise to do not do these kind of stuff again.
So make it simple , Dont disclose it to any body, Council or home office, You will be alright. Providing extra information is become a real headache some time.

kapszone · Post by **kapszone** » Mon Jul 11, 2011 12:31 pm

Thanks @ sharjeelpk..probably first to answer a bit positive..

in ILR application you need to show cohabilation record for last 2 yrs, i can show that with bank statments which are on my spouse name so tht is a proof tht she was satying at same address as I was.
I have changed that accomodation since 1 yr and 9 months back and she is on council tax since then.
Now very much confused if I should apply ILR only for myself and wait for another 3 months so tht her 2 yrs get completed in current accomodation where we both are on council tax or should not wait and go on with the application for both of us.

Post by **Casa** » Mon Jul 11, 2011 12:44 pm

What you mean is, the first to give tell you what you want to hear, but unfortunately this isn't correct.
One of the routine checks made by the UKBA includes Council Tax.
Bear in mind that the data is shared and easily accessible.

sharjeelpk · Post by **sharjeelpk** » Mon Jul 11, 2011 12:50 pm

You can get a letter from NHS, your sergury, Any back dated appointment letter, This is not a kind of Month by month thing like Payslips, If you got any appointment letter (2years old) any utility bills or any thing , now these are document you need to provide (Trust me some time they even not bother to look these docsas she was with you in their record when you applied for your extention but we have to prepare ourself for anything) so now back to your previous question "Council tax", no need to woory about,
Max they can refused your wife ILR but not yours and than you can go to court to get hers. so take it easy and chill. There are so many other tensions in life to think about.

Post by **Casa** » Mon Jul 11, 2011 1:08 pm

sharjeelpk, you've missed the point I'm making. The UKBA caseworker will make a routine check on whether Council Tax is being paid. This has nothing to do with the documents submitted showing joint address.
The UKBA share information with all government departments, which includes council tax data. The issue here is whether the OP admits to the council he's made a fraudulent claim before he applies for ILR and offers to repay it back in the hope that the Council won't take further action.
I'm not sure how much clearer I can make this.

kapszone · Post by **kapszone** » Mon Jul 11, 2011 1:34 pm

OK then probably to be on safer side, I would have to sort this out before I apply ILR. I do not see any other option than to go to council and talk..but the ques is what will I put my case as ?

Unfortunately I emailed them for getting this discount saying i am staying alone, so i do not see any backoff stepnow. I will have to admit this as a mistake probably, what you say ? Will this is the best approach ?

Sushil-ACCA · Post by **Sushil-ACCA** » Mon Jul 11, 2011 5:04 pm

sharjeelpk wrote:Its simple, Its not gonna be a problem in your ILR , Trust me, You do not need to disclose it, I beleave we are not discussing here that Is it right or not ? we are here to help each other and advise to do not do these kind of stuff again.
So make it simple , Dont disclose it to any body, Council or home office, You will be alright. Providing extra information is become a real headache some time.

SPEAK Always truth whatever results - the best policy

pay back the benifit and get letter and apply ILR

ALL THE best

gidoc · Post by **gidoc** » Mon Jul 11, 2011 7:14 pm

Casa
Moderator

Joined: 23 Jul 2008
Posts: 2516

Posted: Mon Jul 11, 2011 12:08 pm Post subject:
sharjeelpk, you've missed the point I'm making. The UKBA caseworker will make a routine check on whether Council Tax is being paid. This has nothing to do with the documents submitted showing joint address.
The UKBA share information with all government departments, which includes council tax data. The issue here is whether the OP admits to the council he's made a fraudulent claim before he applies for ILR and offers to repay it back in the hope that the Council won't take further action.
I'm not sure how much clearer I can make this.

Single person discount on Council tax, does not come under 'accessing public funds', so I think OP should be okay as far ILR is concerned. However he does need to rectify his mistake!

kapszone · Post by **kapszone** » Tue Jul 12, 2011 11:20 am

I prefer that way, like going to council and pay them back but I am worried what if they say no we dont want money, you will have a fraud case now...ehhhhhhhhhhhh

kapszone · Post by **kapszone** » Mon Jul 18, 2011 3:46 pm

Hi Moderators...pls advice here...

What should be the best step forward ?

chrisw9 · Post by **chrisw9** » Mon Jul 18, 2011 4:26 pm

kapszone wrote:Hi Moderators...pls advice here...

What should be the best step forward ?

I'm no mod but I'm not sure why there is any need for advice here.

Don't avoid paying tax in the first place. Thats illegal.

Now pay back what you owe.

Post by **Casa** » Mon Jul 18, 2011 4:29 pm

We can't advise you. This is legal matter not an Immigration issue. It's your call.

jami · Post by **jami** » Mon Jul 18, 2011 5:51 pm

rest assured on paying back there would be no allegation of fraud
but it may be other way round if you do not pay back.
Single person discount is not a public fund however since you were not entitled to it so if detected you are liable to conviction so play safe for ILR/nationality.
Hence pay it at the earliest or please keep quite on this topic on this forum

kapszone · Post by **kapszone** » Wed Jul 20, 2011 9:55 am

hi Guys, called the council mentioned them that I would like to pay the discount I received and they happily told me the amount I owe them and I paid it to the same person...all resolved.

Many thanks for your response.. Cheers !!

jami · Post by **jami** » Wed Jul 20, 2011 11:54 am

It is a good method of closing this topic

john_white · Post by **john_white** » Wed Jun 12, 2013 9:53 pm

Sushil-ACCA wrote:
sharjeelpk wrote:Its simple, Its not gonna be a problem in your ILR , Trust me, You do not need to disclose it, I beleave we are not discussing here that Is it right or not ? we are here to help each other and advise to do not do these kind of stuff again.
So make it simple , Dont disclose it to any body, Council or home office, You will be alright. Providing extra information is become a real headache some time.

SPEAK Always truth whatever results - the best policy

pay back the benifit and get letter and apply ILR

ALL THE best

i had a similiar situation with me however i have paid all outstanding bill to council so it is necessary for me to declare that i am receiving any benefits please advice thank you

Post by **Amber** » Wed Jun 12, 2013 9:55 pm

john_white wrote:
Sushil-ACCA wrote:
sharjeelpk wrote:Its simple, Its not gonna be a problem in your ILR , Trust me, You do not need to disclose it, I beleave we are not discussing here that Is it right or not ? we are here to help each other and advise to do not do these kind of stuff again.
So make it simple , Dont disclose it to any body, Council or home office, You will be alright. Providing extra information is become a real headache some time.

SPEAK Always truth whatever results - the best policy

pay back the benifit and get letter and apply ILR

ALL THE best
i had a similiar situation with me however i have paid all outstanding bill to council so it is necessary for me to declare that i am receiving any benefits please advice thank you

Explain more, your current visa, nationality and what benefits you are receiving?

john_white · Post by **john_white** » Wed Jun 12, 2013 10:01 pm

D4109125 wrote:
john_white wrote:
Sushil-ACCA wrote:
sharjeelpk wrote:Its simple, Its not gonna be a problem in your ILR , Trust me, You do not need to disclose it, I beleave we are not discussing here that Is it right or not ? we are here to help each other and advise to do not do these kind of stuff again.
So make it simple , Dont disclose it to any body, Council or home office, You will be alright. Providing extra information is become a real headache some time.

SPEAK Always truth whatever results - the best policy

pay back the benifit and get letter and apply ILR

ALL THE best
i had a similiar situation with me however i have paid all outstanding bill to council so it is necessary for me to declare that i am receiving any benefits please advice thank you
Explain more, your current visa, nationality and what benefits you are receiving?

i am on tier 1 (G) from last 5 years with dependent and benefit whcih i claimed was council tax reduction (single person allowance).
however i have already paid all outstanding bills

Post by **Amber** » Wed Jun 12, 2013 10:03 pm

john_white wrote:
D4109125 wrote:
john_white wrote:
Sushil-ACCA wrote:
SPEAK Always truth whatever results - the best policy

pay back the benifit and get letter and apply ILR

ALL THE best
i had a similiar situation with me however i have paid all outstanding bill to council so it is necessary for me to declare that i am receiving any benefits please advice thank you
Explain more, your current visa, nationality and what benefits you are receiving?
i am on tier 1 (G) from last 5 years with dependent and benefit whcih i claimed was council tax reduction (single person allowance).
however i have already paid all outstanding bills

A council tax discount (single person) is not a benefit, thus is not a council tax reduction for the purpose of an immigration application. I'm glad you've paid it back though, as you were not single. This should have no bearing on you settlement application, do not tick you claimed public funds.

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ILR and council tax

ILR and council tax