Question regarding Working Tax Credit

[friend12345]

Hi everyone!

I am due to apply ILR set (M) at Glasgow PEO on 24th this month, I am currently on spouse visa, I have not been claiming any public funds on my name, but my wife is British and she's bn claiming Child Tax and Working Tax Credit, Now the question is Revenue department said to my wife if you are married then Working Tax Credit should be claimed on both names ( Me and my wife ), she even told them I am subject to Immigration control and can't claim any Public funds, they said that is not a problem, If either husband or wife are British then both are eligible for Working Tax Credit.
Is that going to be a problem for my application?
2nd, on the aplication form obviously my wife will tick yes that she has been claiming child benefit and working tax credit, do I check the box aswell that I've been claiming Working Tax Credit too?

Thanks in advace.

[ceyes]

1. You say that revenue department advised you to claim Tax Credit and that you are eligible inspite of you telling them about your immigration restrictions! If that is the case you have to submit the correspondence (either email or hardmail) along with your application for consideration and explain the same in your covering letter.

2. You have to be honest and tick the right option about claiming benefits. The box has to be ticked if either or both claim benefits. So the only way to say that you also are claiming the benefit is your covering letter and your honesty will be appreciated.

[friend12345]

1. You say that revenue department advised you to claim Tax Credit and that you are eligible inspite of you telling them about your immigration restrictions! If that is the case you have to submit the correspondence (either email or hardmail) along with your application for consideration and explain the same in your covering letter.

2. You have to be honest and tick the right option about claiming benefits. The box has to be ticked if either or both claim benefits. So the only way to say that you also are claiming the benefit is your covering letter and your honesty will be appreciated.

I have not been claiming it on my name, my wife was claiming but they said when you are married then both names appear on the documentation.

[chrisrich]

1. You say that revenue department advised you to claim Tax Credit and that you are eligible inspite of you telling them about your immigration restrictions! If that is the case you have to submit the correspondence (either email or hardmail) along with your application for consideration and explain the same in your covering letter.

2. You have to be honest and tick the right option about claiming benefits. The box has to be ticked if either or both claim benefits. So the only way to say that you also are claiming the benefit is your covering letter and your honesty will be appreciated.

I have not been claiming it on my name, my wife was claiming but they said when you are married then both names appear on the documentation.

You did the right thing, working tax credits are claimed jointly by couples & it will not affect your application. Just tick your wife's box, she is the main claimant. Working tax credit is not Public funds in your case.

Have alook at this link & look through the pages, John discusses Public funds at length
http://www.immigrationboards.com/viewtopic.php?t=26916

[John]

I have moved this topic to the Claiming Benefits section, where this subject has been discussed at length and on numerous times.

friend12345, please confirm that the Tax Credits claim has actually been made in joint names. For just one of a couple to claim could amount to benefit fraud.

[friend12345]

I have moved this topic to the Claiming Benefits section, where this subject has been discussed at length and on numerous times.

friend12345, please confirm that the Tax Credits claim has actually been made in joint names. For just one of a couple to claim could amount to benefit fraud.

Sorry for the Blonde moment I am still confused whether I check the box that I am claiming child tax credit and working tax credit or not because my name is on both as tax credits are claimed jointly?

Thanks

[John]

friend12345, the problem is that the form SET(M) is badly designed, as regards the Public Funds question, and really does not cope with the legislation in force.

The comment is .... answer the Public Funds question .... "Yes" ..... tick relevant benefits in the spouse's column, and lead them unticked in the applicant's column.

The logic is because of para 6B of the Immigration Rules, the benefits are not Public Funds as defined, for the applicant.

[friend12345]

Just a quick question, My wife was claiming working tax credit on joint names as shes a british citizen but now she is only receiving child tax credit but this is being claimed on both names, is child tax credit same as working tax credit and need to be claimed jointly by couples? in this case do I say only spouse claiming child credit and child benefit and leave mine unchecked too?

Thanks for advice.

[John]

My wife was claiming working tax credit on joint names as shes a british citizen but now she is only receiving child tax credit but this is being claimed on both names, is child tax credit same as working tax credit and need to be claimed jointly by couples?

The same, but of course both of you are claiming ..... it is a joint claim!

in this case do I say only spouse claiming child credit and child benefit and leave mine unchecked too?

Yes.

[friend12345]

My wife was claiming working tax credit on joint names as shes a british citizen but now she is only receiving child tax credit but this is being claimed on both names, is child tax credit same as working tax credit and need to be claimed jointly by couples?

The same, but of course both of you are claiming ..... it is a joint claim!

in this case do I say only spouse claiming child credit and child benefit and leave mine unchecked too?

Yes.

Thank you so much John, Much appreciated.