no proof of cancelled child benefit from HMRC

[neil1]

Hello,

We are Indians and have not worked or lived in any other country apart from the UK or India.

My husband came to Belfast, Northern Ireland, UK in September 2006 with a work permit which was valid for 5 years. I joined him six months later on a dependant visa. We had a daughter in June 2010. With the insistence of the GP and health visitor I applied for child benefit. I did not know I was not entitled to it. I submitted our passport and visa photocopy with the child benefit application but unfortunately HMRC did spot our immigration status from the visa photocopy in my application. So I started receiving Child benefit from July 2010.

My husband changed his job and successfully changed his visa from work permit to Tier 2 general in December 2010. However my Tier 2 dependent visa was delayed for nearly 4 months. This made us enquire about the possible reasons for the delay and the child benefit claim came into the picture. Knowing the facts, we immediately called up HMRC to stop our claim. I stopped receiving my child benefit with immediate effect, but I did not receive any letter from HMRC to prove it. The only proof is my bank statements. On further enquiry to HMRC, I was told that they have merely suspended my child benefit as investigation is under way.

Meanwhile my Tier 2 dependent visa application was cancelled due to the fact that I had claimed child benefit and was still claiming it when I had applied for my Tier 2 dependent visa. But UKBA allowed me to continue my stay in the UK till my previous visa's last day i.e. 23rd August 2011.

Now my problem is that I have to reapply for my dependent Tier 2 visa before 23rd August 2011 and I still have no news from HMRC about my child benefit from the past 4 months. I have stopped receiving any child benefit from the last 6 months and I am unsure what to write in my application when they ask " are you receiving any public fund?"

I have been penalised earlier due to the child benefit claim and I am scared that UKBA will penalise me again due to the delay from HMRC.

Please help me find a solution as my daughter's passport is still in process and won't arrive before the 23rd August 2011. If I have to leave the country before that my one year old will be stuck in the UK with no mother or care, as we do not have any family here.

[John]

As you already appreciate the Public Funds question is asked in the present tense. So based upon what you have told us the honest and truthful answer to the question is .... "No"!