working and child tax credits and child benefits

[AdeRema]

Hi
I am a British man with a Filipino wife here on a spouse visa with no recourse to public funds and she is due to apply for further leave to remain as my partner. We have 3 young children. 1 born in the Philippines but with a UK passport and 2 born in the UK while my wife has been resident the last just a few weeks old. I have claimed child benefit and also child tax and working tax credit. MY wife was declared as subject to immigration control she obviously had to sign the tax credit claim but I made the application and all payments are in my name and go into my sole named bank account. Recently I have heard of second adult element of working tax credit which I have checked that I do receive.That it may cause a problem with her application for further leave to remain? I had assumed not as I am the one working and a British citizen and the children are all mine. I hope somebody could clarify where I stand on that.Thank you very much.

[CMOSUK]

Hi
I am a British man with a Filipino wife here on a spouse visa with no recourse to public funds and she is due to apply for further leave to remain as my partner. We have 3 young children. 1 born in the Philippines but with a UK passport and 2 born in the UK while my wife has been resident the last just a few weeks old. I have claimed child benefit and also child tax and working tax credit. MY wife was declared as subject to immigration control she obviously had to sign the tax credit claim but I made the application and all payments are in my name and go into my sole named bank account. Recently I have heard of second adult element of working tax credit which I have checked that I do receive.That it may cause a problem with her application for further leave to remain? I had assumed not as I am the one working and a British citizen and the children are all mine. I hope somebody could clarify where I stand on that.Thank you very much.

If you click here this has been answered.

As long as the child benefits are in your name and claimed by you and not your dependent spouse. Child Tax Credits would be made as a joint claim and it should not affect the dependent spouse's applications. again if you refer to the above link.

When you mean second adult element, are you referring to the WTC being paid out to your dependent spouse and you ? as far as i understand again that would be a joint claim but they would only pay the single rate as one partner would be under immigration control. Again please correct me if i have misunderstood or giving wrong advice.

if it is the case that WTC(working tax credits) have awarded the couple rate instead of the single rate then where they given the right information, I.E: where they informed that the dependent spouse was under immigration control? if so, it could be an error on their side and future applications wouldn't be refused on that basis. If you can clarify further as i'am only assuming.

[AdeRema]

Hi thank you very much for this.

I have definitely informed them that my wife is subject to immigration control in a covering letter when I first applied for WTC as well as the question being specifically asked ( and answered as above) on the application and renewal forms. Also all payments are made to me and in my name only, my wife does not work.

After I posted this actually I saw quite a few posts answered here and they all said it doesnt affect further immigration applications if WTC is claimed in joint names and HMRC insist on it being claimed in joint names anyway so it seems all ok.

Thanks again.

[AdeRema]

Yes WE are covered nationality of family member exception 5 of guidance-Public Funds.