No recourse to public fundsn, receiving WORK TAX Credit

HI All,

As it written in my visa ... No recourse to public funds
my wife claimed for child tax credit, after i got a part time job, they asked us to declare you situation so i have to call child tax credit to tell them that i am working.
put I thought they will deduct money instead of paying work tax credit to me.
I not receiving this money in my account but I am afraid this affect my ILR application.

anyone can confirm that I am in legal position.

cheers

Your wife is the one (if British Citizen) who can claim tax credits with your name on them, you claim as a couple but she is the one who has to claim you can not.

Indy and Sonya

you are right ... they asked her to make a joint claim from the beginning, I did not claim for anything, after they told me about the work tax credit, i called them again and told them that i am not entitled to any benefits regards to my visa.
they asked the manager and said .... it is ok.
they doing a lot of mistakes so this one maybe kill me

cheers

Up-to-date discussion here http://www.londonelegance.com/transpondia/publicfunds.shtml

mazm, you really are worrying totally unnecessarily! The fact is that your wife is totally entitled to claim Child Benefit and you are your wife jointly are entitled to claim Tax Credits. And to reinforce that, if just one of a couple living together is a sole claimant for Tax Credits, that could amount to benefit fraud, something of course to be avoided.

So why is it OK for you to be a joint claimant for Tax Credits, notwithstanding the "No Recourse to Public Funds" restriction on your visa? You need to appreciate that the definition of Public Funds in para 6 of the Immigration Rules does not cover ever possible type of benefit paid by the UK Government. And also, in view of paras 6A and 6B, it is sometimes the case that a benefit within the Public Funds definition is excluded from that definition ... for a particular claimant!

Technically ... reg 3(2), Tax Credits (Immigration) Regulations 2003 says that where one of a couple is a person not subject to immigration control .... your spouse .... and the other one is a person subject to immigration control .... you .... then for Tax Credits purposes only both of you are treated as not subject to immigration control .... hence it is totally OK for you and your spouse to claim Tax Credits.

This is reinforced by para 6B of the Immigration Rules, which states :-

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

-: and I assure you that the Tax Credits (Immigration) Regulations 2003 were indeed made under section 42 of the Tax Credits Act 2002. So mazm, from para 6B, ...... " A person shall not be regarded as having recourse to public funds if ......" ...... your joint claim for Tax Credits is not, for you, a claim for Public Funds.

garry
thank you very much for your reply

JohnL
it is clear now, we had enough mistakes that is why I was worried.
maybe bad luck ...... I doubt 

cheers

Hi,

just a critical question in the application WORK TAX CREDIT P9 :
Work Tax Credit :
a- you
b- your partner

so at the moment my wife is not working, but we are receiving the tax credit as a joint claim, so if i choose (a), this will affect my application.

cheers

Just be clear as to the grounds under which you are claiming.  We claim Child Tax Benefit and we were asked at our PEO appointment under which grounds we were claiming.  Fortunately, I had the print out from the appropriate website and was able to answer with appropriate language. 

Mrs. Pink,
 I'm going Wednesday with my Husband for his in person ILR application in Croydon. We are claiming child tax credits and working tax credits as my husband works full time. In the application did you check that YOU were claiming or your husband?
Also what was the printout you took?
Thanks,
Louise

Mrs. Pink,
 I'm going Wednesday with my Husband for his in person ILR application in Croydon. We are claiming child tax credits and working tax credits as my husband works full time. In the application did you check that YOU were claiming or your husband?
Also what was the printout you took?
Thanks,
Louise

wish you all the best, we are going Thursday. I feel like it will not go smooth, a lot of documents and have not finish the application yet.

am waiting for your answer for the same question.

cheers

If you download this Public Funds leaflet, you could either print all of it, or maybe just page 4, where (a) mentions Child Benefit, and (b) covers Tax Credits.

Good luck to you too Mazm!

Thanks John have printed that off to take with us, we are also applying under the KOL required stamp, as we have been married over 4 years. I'm hoping the person we see understands that too, I think I will print out the info on that too!

JohnL this is a great document, thanks a lot for your help.

Good luck to you too Mazm!

Thanks John have printed that off to take with us, we are also applying under the KOL required stamp, as we have been married over 4 years. I'm hoping the person we see understands that too, I think I will print out the info on that too!

Good luck to you as well and please let's know what happened.

am waiting

Well, I have just returned from Croydon PEO with my husband who was applying for his ILR under the KOL required stamp.

Our appointment was for 11.30am and we arrived about 11.00am so we had enough time to get through security checks. We went into the first room and was seated until the room was fuller and we had to go in order through security.
We were then showed to a window and handed over my husbands application and passport. The person behind the desk said he was applying too early because he hadn't been here 2 years yet. I explained that because we were married and living together more than four years before the visa was issued that he had the KOL endorsement and didn't have to wait 2 years! She then said "oh yes, that's OK then, go upstairs to the cashiers to pay".
We went up to the first floor and paid the 1020 pounds! ouch! then had to be seated and wait for our number. after about half an hour our number was called. We were asked to hand over the application, receipt of payment and passports. The woman there asked for our documents in order from 2008-2009. I then explained again that we shouldn't need them because of the KOL endorsement! she then asked for our marriage certificate to show how long we were married.
She then went away for a couple of minutes and made photocopies. She also asked about the working tax credits we were claiming. We had marked that my husband was claiming them as he is the one who works but it was a mistake we should of marked me as I'm the British citizen. She asked for a copy of the tax credits to show my name and address was on there........................

...............then she tippexed out the tick and changed it to "your partner". She then continued to type things into her computer, then told us to come back in one and half hours to get his passport. We left the bulding as the tiny little coffee shop upstairs was closed.
We returned after the hour and half and had to wait about another 15 mins to get his passport back with the ILR inside

That was our experience!

Louise