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agronl · Newbie Joined: 23 Jan 2008 Posts: 7 Location: London

Hi,

My wife came to UK on a spouse visa in November the 3rd 2006. Basically I have two questions. It would be great of someone can clarify these questions.

1) My wife was issued with a spouse visa on the 20th of September 2006 and she came to UK on the 3rd of November 2006. My understanding is that you are allowed to come within the 28 days period after the visa has been issued. For some personal reasons, she couldn't come during that period so she came few weeks later.
Is there a way that my wife can still apply for the ILR in septmeber, instead of paying for another spouse visa, or does she has to wait until 3rd of November 2008 to make up the 2 years period?

2) Three months ago, my wife gave birth to a son and I applied for Child Benefit and Working / Child Tax Credit as a joint account. They said my wife is not entitled to receiving any benefits but we still need to apply together, so I did that. I am working full-time but due to not receiving a good salary I thought its better to apply for Child benefits & tax credit.
By receiving Child benefit and Tax credit, is this going to be a problem when my wife applies to extend her visa or when she applies for the ILR visa?

Apologies for writing such a long explanation, but I hope I have made myself clear.

Many thanks,

Agron
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Agron

thirdwave · Senior Member Joined: 14 Feb 2007 Posts: 430

jazbaati99 · Senior Member Joined: 03 Apr 2002 Posts: 258 Location: uk

I will let others (especially John) to comment on the child tax credit issue.

For the visa, since your wife entered UK on 3rd November, she can apply for ILR 28 days before that, lets say 3rd October 08 for the sake of simplicity. Since her visa is running out on 20th September what you guys can do is apply for ILR on 20th September through a postal application. Send your application through special delivery and hold on to the receipt for dear life. Once you have posted the application her visa status freezes till the outcome of the application so she would not be an over stayer. Moreover make absolutely sure that you pay the home office fees via cheque. It will take two days for delivery and another five days for your cheque to clear. Your application will not be considered until the payment has been cleared. That will buy you five to seven working days so hopefully by the time your application will reach the case worker, you would be within 28 days window. This will save you from applying for an extnetion to the spouse visa.

Best of luck.

Wanderer · Guru Joined: 21 Apr 2005 Posts: 5910

I disgree with thirdwave (sorry mate!)

So long us YOU (ie not the person under immigration control) claimed CB that's fine.

Also WRT Tax credits you should claim as a couple, u r obligated to but you shouldn't get any extra WTC due to ur wife.

CTC is ok I think, John is expert here, sure he'll be along later...
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All IMHO....

thirdwave · Senior Member Joined: 14 Feb 2007 Posts: 430

Wanderer · Guru Joined: 21 Apr 2005 Posts: 5910

agronl · Newbie Joined: 23 Jan 2008 Posts: 7 Location: London

Wanderer · Guru Joined: 21 Apr 2005 Posts: 5910

I think u'll be fine - all above board!
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All IMHO....

John · Posted: Wed Jan 23, 2008 4:47 pm Post subject:

agronl · Newbie Joined: 23 Jan 2008 Posts: 7 Location: London

monk · Newbie Joined: 21 Jan 2008 Posts: 2

Agron,
I'm exactly the same situation and got an answer from here.
So do you think your wife tick the box for WTC?
Still wondering am I RECEIVING this benefit?
Although I didn't apply....my husband applied....

John · Posted: Thu Jan 24, 2008 8:28 pm Post subject:

Monk, in respect of a couple living together, any claim for Tax Credits, either Child Tax Credit or Working Tax Credit, must be in joint names. Please confirm that the claim that has been submitted is indeed in joint names.

As regards your question, I think the answer is even more subtle. Clearly "Public Funds", as defined in rule 6 of the Immigration Rules, is not a list of every type of benefit paid by the UK Government. And then when we take rule 6B into account we see, effectively, that the definition can change from one person to another.

So Monk, if your situation is exactly the same as that of agronl, for you and your husband, Tax Credits are not within the definition of "Public Funds".
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yesenia · Junior Member Joined: 27 Apr 2007 Posts: 21

John · Posted: Sat Jan 26, 2008 9:35 am Post subject:

Yesenia, that Tax Credit legislation talks in terms of "a person subject to immigration control" and "a person not subject to immigration control". So I can't see that it makes any difference, as regards Tax Credits, whether the person subject to immigration control is an overstayer or not.

For the technical reasons already stated in this topic, Tax Credits would not be within the definition of Public Funds, for the couple in question.
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adam01 · Newbie Joined: 07 Apr 2009 Posts: 1

BUt how come on http://www.ukba.homeoffice.gov.uk/ukresidency/rightsandresponsibilities/publicfunds/

it says that Working tax credit and Child tax credit is a Public fund?

WTC and CTC are part of the UK governments list of public funds Shocked

John · Posted: Wed Apr 08, 2009 7:39 am Post subject:

What you post is correct, in itself, but you also need to take account of reg 3(2) Tax Credits (Immigration) Regulations 2003, as reinforced by para 6B of the Immigration Rules.

But then I had already posted that, hadn't I! In the circumstances we are talking about here, the relevant part of 6B reads :-

jwiggi · Newbie Joined: 29 May 2009 Posts: 1

my husband has just had got his ilr approved last week it took 5 weeks from applying to come through, like urself we have been getting child/working tax credits and child ben' applying joint but only i recieve due to his visa saying no public funds.when applying for the ilr u have 2 boxes for u and for ur partner under working tax and child tax and child ben' we ticked the box that i the partner of the aplicant was recieving but did not tick the aplicant recieving these benefit!!! like urself we were worried but all was well and was approved!!!
good luck.

John · Posted: Sat May 30, 2009 7:22 am Post subject:

jwiggi, congratulations about your husband getting his ILR! But of course, why not? For the technical reasons laid out on this board, your husband was not claiming Public Funds.
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