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intheforest · Junior Member Joined: 24 Jan 2004 Posts: 14

Hi,
I'm about to send my appl. for ILR soon /form SET(O) / and I'm not sure what to do about the part where they ask if I had claimed any public funds.
Let me give some clarifications first: I'm a national of Bulgaria and have dependants my wife and my baby, also Bulgarians. We came in the UK in Sept 2004 under the HSMP, then applied for three years FLR in Sept 2005, after that for another 3years FLR in Sept. 2008. Now we have right to apply for ILR under the same program. Meanwhile Bulgaria joined EU in Jan. 2007. My problem is that we claimed Child Tax Credit a couple of months ago and now I'm worried that they might refused my application as my HSMP visa is endorsed with "no resource to public funds" and I'm in doubt now whether it's better to return the money to the Tax office or not?
Any advice would be much appreciated, please.

John · Posted: Fri May 22, 2009 6:57 pm Post subject:

intheforest · Junior Member Joined: 24 Jan 2004 Posts: 14

Thank you for the quick respond.
To the question- since we've been under HSMP since we first came into the UK and we've spent more then four years under this program, basicaly we can obtain an ILR now and in Sept. this year we can apply for a sitizenship, instead of having to wait until 2012 under the european low.
Regarding the benefits question, we read the sticky topic but as it's about a british person and a non-british dependant I wasn't sure whether the same would apply in our case

John · Posted: Fri May 22, 2009 9:27 pm Post subject:

intheforest · Junior Member Joined: 24 Jan 2004 Posts: 14

Thank you for the reply , John
We'll be able to apply for a citizenship in September this year:
http://www.bia.homeoffice.gov.uk/workingintheuk/tier1/hsmp/hsmp-judicial-review-09/four-years-residence/
But it's still not quite clear for me about the ILR application whether we have the right to claim the Child Tax Credit or not, what do you think?

John · Posted: Sat May 23, 2009 8:05 pm Post subject:

Yes, of course the HSMP Forum case! Well done for being within its terms.

Tax Credits are managed by HMRC. Please read this page from their Tax Credits Technical Manual, where it confirms, for benefit purposes, you are not subject to immigration control, and accordingly can claim Tax Credits.
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intheforest · Junior Member Joined: 24 Jan 2004 Posts: 14

Thanks John for the info.
My concern was that my visa was endorsed with the "no resorce to public funds" although I'm a national of the EU. Therfore I was wondering whether it would be better to return the child cerdit which we claimed, just to be at the safe side.

John · Posted: Tue May 26, 2009 9:23 pm Post subject:

The problem is, intheforest, the definition of Public Funds, as in para 6 of the Immigration Rules, is effectively flexible, in the sense that paras 6A to 6C alter the definition to take account of individual circumstances and family circumstances.

For you para 6B is in play :-

intheforest · Junior Member Joined: 24 Jan 2004 Posts: 14

Thank you very much for your help, John.
I'll go in this way and hopefully everything will be alright.