claiming tax credit on tier 1- visa renewal in 10 days

[patelmilanb1]

My name is Milan Patel. I am currently on Tier 1 General Visa which is expiring on 14th June, 2013. I am currently working for a company which is A-rated sponsor. i will be now applying for my Tier 2 general visa. on UKBA website it says i can make in-country application for switching into Tier 2 general from Tier 1 general.

Me and my wife did not work outside UK and india. both having indian nationality

my daughter born in UK on 17/11/2012 and we made an application through POST to Indian High Commission for her new Indian passport. i have submitted me and my wife passport and BRP card with that application as Indian High Commission needed this for verification. I have not received our passport and BRP card form them yet. I have all receipts and email conversation which proves that our passport and BRP card is with Indian High Commission.

As my company is sponsoring me. i am going to make an tier 2 general application within country before my visa expires. my company has given me COS and in COS it says that my company will take care of my expenses for the first month. Also my company has given me a letter stating that it will accommodate me,my wife, my child if required.

Few months back by mistake my wife had applied for Child benefit(CB) to HMRC, we received a letter stating that we are not entitled for that as we are under immigration control. some days after we received letter from HMRC with 2 bank cheque stating that we are going to receive tax credit for the year april-2012 to april-2013. my wife deposited those cheques in our bank account. the fact that we had mentioned in the HMRC form that we are subject to immigration control and we also did sent our passport copies to HMRC and still they provided us tax credits. I am 100% sure that it is classified as public funds and we are not entitled for it. It was a honest mistake and while searching for my visa queries online, i came to know this yesterday. i am ready to pay back, even called HMRC today about this BUT it will take time and i need to submit my application to UKBA within 3-4 days.

My questions
==========

1) How to submit my application to UKBA without sending original passport. I have a cover letter in place which explains the story of Indian High Commission. Is this enough? or UKBA will invalidate/ reject/ refuse my application without passport. I have a copies of my passport but those are not certified by any UK lawyers. and even if i go now to certify those copies, no lawyers will do that without seeing my original passport.

2) the fact that me,my wife is living in this country for more than 12 months, my company has already certified my maintenance on COS and my dependents maintenance on a letter. Is this enough? i was reading online and came to know that if more then 12 months, then i need to show balance requirement to UKBA. UKBA will disregard company letter of certifying the maintenance of my dependents.

3) Tax credit claimed by mistake. what should i do to let UKBA not reject my application on the basis of breaching the immigration rules. Cover letter stating that it was a mistake and agreed with HMRC to pay back the amount would be enough? or do i need to show some more clarification.

4) am i allowed to book PEO appointments with UKBA without my original passport?



I am more worried about points 2 and 3. Please if you can give me more details answers on those points would be much appreciated.

[Amber]

My name is Milan Patel. I am currently on Tier 1 General Visa which is expiring on 14th June, 2013. I am currently working for a company which is A-rated sponsor. i will be now applying for my Tier 2 general visa. on UKBA website it says i can make in-country application for switching into Tier 2 general from Tier 1 general.

Me and my wife did not work outside UK and india. both having indian nationality

my daughter born in UK on 17/11/2012 and we made an application through POST to Indian High Commission for her new Indian passport. i have submitted me and my wife passport and BRP card with that application as Indian High Commission needed this for verification. I have not received our passport and BRP card form them yet. I have all receipts and email conversation which proves that our passport and BRP card is with Indian High Commission.

As my company is sponsoring me. i am going to make an tier 2 general application within country before my visa expires. my company has given me COS and in COS it says that my company will take care of my expenses for the first month. Also my company has given me a letter stating that it will accommodate me,my wife, my child if required.

Few months back by mistake my wife had applied for Child benefit(CB) to HMRC, we received a letter stating that we are not entitled for that as we are under immigration control. some days after we received letter from HMRC with 2 bank cheque stating that we are going to receive tax credit for the year april-2012 to april-2013. my wife deposited those cheques in our bank account. the fact that we had mentioned in the HMRC form that we are subject to immigration control and we also did sent our passport copies to HMRC and still they provided us tax credits. I am 100% sure that it is classified as public funds and we are not entitled for it. It was a honest mistake and while searching for my visa queries online, i came to know this yesterday. i am ready to pay back, even called HMRC today about this BUT it will take time and i need to submit my application to UKBA within 3-4 days.

My questions
==========

1) How to submit my application to UKBA without sending original passport. I have a cover letter in place which explains the story of Indian High Commission. Is this enough? or UKBA will invalidate/ reject/ refuse my application without passport. I have a copies of my passport but those are not certified by any UK lawyers. and even if i go now to certify those copies, no lawyers will do that without seeing my original passport.

2) the fact that me,my wife is living in this country for more than 12 months, my company has already certified my maintenance on COS and my dependents maintenance on a letter. Is this enough? i was reading online and came to know that if more then 12 months, then i need to show balance requirement to UKBA. UKBA will disregard company letter of certifying the maintenance of my dependents.

3) Tax credit claimed by mistake. what should i do to let UKBA not reject my application on the basis of breaching the immigration rules. Cover letter stating that it was a mistake and agreed with HMRC to pay back the amount would be enough? or do i need to show some more clarification.

4) am i allowed to book PEO appointments with UKBA without my original passport?



I am more worried about points 2 and 3. Please if you can give me more details answers on those points would be much appreciated.

This is a benefits related forum the other question should be posted in the ilr forum.

Regarding tax credit indeed, as you're both subject to immigration control you should not be claiming them. Although, the fact that you breached your immigration restrictions is a general grounds for refusal. However, you have stopped the claim and are in the process of paying it back so if this is clearly explained with evidence it should suffice. You should also raise this as an admin error with the hmrc if you informed them you were both subject to immigration control, though, you shouldn't be applying for non-contributory benefits anyway.

[patelmilanb1]

thanks for your reply. one more update.

I have just contacted HMRC Tax Credit helpline. I explained them the case. my wide even mentioned in claim form that we are under immigration control. did sent out our visa and passport copies. Now HMRC saying that they dont have any guidance regard how to proceed. i told them i am ready to pay back the money i received. they are saying that they will let me know if necessary. I told them i need some kind of proof email,letter from HMRC stating that from HMRC and from our side it was a mistake and agreed to pay back the amount. I told them i need these with in 10 days so i have a proof. they are clearly saying that it is not going to possible.

what should i do please help.

[Amber]

thanks for your reply. one more update.

I have just contacted HMRC Tax Credit helpline. I explained them the case. my wide even mentioned in claim form that we are under immigration control. did sent out our visa and passport copies. Now HMRC saying that they dont have any guidance regard how to proceed. i told them i am ready to pay back the money i received. they are saying that they will let me know if necessary. I told them i need some kind of proof email,letter from HMRC stating that from HMRC and from our side it was a mistake and agreed to pay back the amount. I told them i need these with in 10 days so i have a proof. they are clearly saying that it is not going to possible.

what should i do please help.

Well have you got any proof that the benefit has stopped - did the HMRC send a letter to say the tax credits have ceased?

[patelmilanb1]

No, Last letter from HMRC says they need to find out our income for for tax year 2013-2014 so they can decide how much they need to pay us.

we did not provided that information as we do not want to continue.

[Amber]

No, Last letter from HMRC says they need to find out our income for for tax year 2013-2014 so they can decide how much they need to pay us.

we did not provided that information as we do not want to continue.

Well, you should ask the HMRC to send a letter asap to state that your claim has been cancelled.

[patelmilanb1]

As i said, they don't have any clue about this. i called them and said that i need a letter stating that we have stopped and claim was made by mistake. BUT the person said he does not have any guidance regarding this.

[Amber]

As i said, they don't have any clue about this. i called them and said that i need a letter stating that we have stopped and claim was made by mistake. BUT the person said he does not have any guidance regarding this.

They will not give you a letter saying you claimed by mistake. However, there should be no problem in issuing a letter saying that your claim has stopped! Ring them back.

[patelmilanb1]

surely will call them again today and explain the whole situation again.

thanks for your quick response.