Page 1 of 1
Getting council tax reimbursement via company and ILR
Posted: Wed Mar 02, 2011 11:11 am
by offshore78
Hi, I work for one of the offshore based company and have been getting a council tax reimbursment via my company? Would this be a problem for my ILR application? Let me know as am i am currently filling the SET (O) form and not sure what to indicate in the form?
Posted: Wed Mar 02, 2011 2:17 pm
by reenareddy
I have 3 friends who have been in the same boat as yours. They work for a offshore company and have been claiming council tax reimbursements. Not sure if their company forwards their council tax claim to HMRC or not on their behalf. All the 3 are on WP/Tier 1 with "No recourse to public funds". 2 of the friends were successful in getting their ILR, however 1 of my friend got into trouble when she went for her ILR interview. The home office made a check with HMRC using her NI number. They found that in fact, the company has been claiming the council tax from HMRC for all these years (which seems fair, Why would the company not claim from HMRC when they are giving the council tax reimbursement benefit to their employee?) . So, it does not matter if you are claiming the council tax benefit directly with HMRC, or if you are doing this thru a agent/representative or if your company is doing for you on your behalf, it is all the same thing. You are all in fact getting council tax benefits from HMRC (i.e. govt public funds) one way or the other. Her ILR was eventually rejected with prejudice remarks. In fact, the 2 friends who got their ILR stamped are now worried if the Home office would make further checks with HMRC, now that they also know the company details. Surely, Home Office would make a far more stringent checks when they apply for their naturalization/citizenship next year.
So, if in doubt, its always safe to indicate that you are claiming the council tax benefit on the SET(O) form and then explain this at the time of the interview, if asked. It's not worth hiding this information on the SET(O) form because the Home Office / law will eventually catch up. Better to be safe than sorry.
Posted: Fri Mar 04, 2011 10:52 am
by offshore78
Thank you all for your suggestions. I will fill the SET(O) form accordingly. As you said, it is better to be safe than sorry, especially when I am spending almost 2000 pounds for myself and dependents application fee's and the penalty is as harsh as ILR rejection/ existing Visa cancellation and possible deportation........ It's just not worth it taking the risk by hiding this info.
