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24th October 2009 #1
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Child Tax Credit and Working Tax Credit?
anyone could advice me if claiming Child Tax Credit and Working Tax Credit are prohibited why we are applying for spouse visa..we dont want to jeopardize our aplication ..by claiming this..if so pls any advice..
or are this consider to be claiming public funds? if so then its not ideal isnt it?
though my husband is working and supported us all back here on the PH..with our children..but confuses if he can claim that isnt it good or .... please help
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24th October 2009 #2
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24th October 2009 #3
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24th October 2009 #4
Who qualifies for Child Benefit?
To get Child Benefit you'll normally need to:
be physically present in the UK - together with your child
be 'ordinarily resident' in the UK - so your main home is here
have a 'right to reside' in the UK
be responsible for the child who's living with you
or you can check the site
http://www.hmrc.gov.uk/childbenefit/...rrivals-uk.htmLIFE IS BEAUTIFUL
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24th October 2009 #5
nope i don't think so, maybe if you were in another country in the EU, but not outside the EU
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30th November 2009 #6
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We just got the FLR visa. They say we cannot claim Child benefit, nor have access to public funds. I cannot claim on Shei's behalf - this would breach the Immigration Act of 1971.
But, talking to the various agencies they say I can? Confusing. Anyway, looks like we can't get anything folks - even if we are taxpayers.
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30th November 2009 #7
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30th November 2009 #8
As far as I understand it, if you are supporting her child/children then you have every right to claim child benefit on your own behalf, but don't be surprised if they insist on paying the money to her, as the mother of the child/children. You will also be able to claim Child Tax Credit and Working Tax Credit and although your wife cannot actually make a claim in her own right, she will be included as joint claimant on your claim form.
It's a bit of a nonsense really, she is not legally allowed to claim but as your wife she must be part of your claim.
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30th November 2009 #9
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If they insist you need to fight it. Child benefit is public funds, and it shouldn't be claimed by the mother if they only have a fiancee visa/spouse visa/FLR.
http://www.hmrc.gov.uk/childbenefit/...ivals-uk.htm#4
http://www.ukba.homeoffice.gov.uk/si...ublicfunds.pdf
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30th November 2009 #10
I'm not so sure that's right, if your partner is a Brit or eea national then the non eea national can claim child benefit, but for tax creds they must make a joint claim and there shouldn't be a problem with the money going to the non eea nationals bank account, thou some people have been wrongly refused benefits or a visa because they have claimed public funds, so unless you want to wrongly risk a refusal, i would let the EEA national claim the money.
3.4.2.
Exceptions as a result of living with a family member
A person subject to immigration control who is living with a family member who is a British Citizen or national of a country in the European Economic Area (EEA), for example a child or partner, is eligible for certain public funds if they have a right to reside in the UK
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
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1st December 2009 #11
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Seems a bit awkward then really...
Do you or don't you apply for tax credits whilst you're in the process of getting a visa application prepared.
Yes the extra cash would be nice... Yes I am entitled to it...
But, it might affect the application..
Seems odd that something I am entitled to could upset an application as it might be seen as using public funds.. If i was not working and claiming benefits, then that is different... That is using public funds.
But, IMO, getting something I am entitled to whilst I am working full time is not accesing public funds but legally getting something i have the right to claim for.
Hhhmmmmmmm
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2nd December 2009 #12
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2nd December 2009 #13
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Oh dear! Im bit confused now...Im on the way to apply for ILR and my husband claims a working tax credit and child tax credit do you think it would be a problem? To those members here who are the same us..please share your experience...many thanks
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2nd December 2009 #14
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2nd December 2009 #15
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2nd December 2009 #16
as i only have a part time job most of my oncome is child and working tax credits, this did no harm to my spousal visa application took 18 working days
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2nd December 2009 #17
basically, no you shouldn't have a problem if he's working, and you have a bit of savings (even that might not matter), not many people are refused ILR, as you've done most of the hard work already getting your settlement visa
i've claimed child benefit and tax creds (child care element) and got ILR no probs
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3rd December 2009 #18
Best bet in my experience is to get the claim in, I once applied for single person's working tax credit, but because my income was just above the limit, I was successful, but got an award of zero, this was in case if my income dropped by a bit, they could pay something quickly as all my details were in the system.
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3rd December 2009 #19
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The british partner can claim the tax credits as these are available to all citizens in the UK who earn below a certain threshold, and whilst they are public funds, you will need to declare them, but but it shouldn't risk your application. If your partner has been living permenantly in the UK child benefit should be no problem but if the claimant and /or the child has been out of the country (living in phils) they must live in the UK for 6 months before they receive any benefit - they have to prove that they are now 'settled'. I had to wait when my daughter was born in the UK having only been here for 3 months, and I am waiting again now having been back only 4+months. It is worth submitting the application though, they just won't pay you for 6 months!
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6th December 2009 #20
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6th December 2009 #21
If you're in the UK but your family lives in another European country or Switzerland, you may be able to get tax credits to top up your income. The tax credits you can get and the amount you can receive depends on how much money you've already got coming in and on your circumstances. You can only get tax credits for a child outside of Europe or Switzerland if your partner (if you have one) is a Crown Servant working abroad.
and i'm pretty sure its the same for child benefit.
If your child goes abroad temporarily, you can continue to get
Child Benefit for them for up to 12 weeks.
You must tell us if your child is leaving the UK for more than
12 weeks.
If your child is temporarily abroad for more than 12 weeks, you
may still get Child Benefit if they are abroad only for one of the
following reasons:
• to receive full time non-advanced education in an EEA country or
Switzerland
• to make an educational or foreign visit that is approved in writing
by their school
• to get medical treatment for an illness that began before they left
the UK.
http://www.hmrc.gov.uk/childbenefit/ch5_notes.pdf
so no you can't claim for kids outside Europe.
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6th December 2009 #22
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