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  1. #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



  2. #2
    Respected Member Ann07's Avatar
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    Quote Originally Posted by Ross View Post
    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

    Hi Ross


    Your husband can claim child benefit, child tax credits and working tax credits( depends on his income) once you and the kids are here.

    goodluck
    LIFE IS BEAUTIFUL


  3. #3
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    Quote Originally Posted by Ann07 View Post
    Hi Ross


    Your husband can claim child benefit, child tax credits and working tax credits( depends on his income) once you and the kids are here.

    goodluck
    thnaks ann..i thought he can claim even were still here? did your husband do it as well..in our case his thinking to claim while here as it said his intiltle to claim it..but im applying my sppuse visa soon so am bit worried if that will affect us..more help pls


  4. #4
    Respected Member Ann07's Avatar
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    Quote Originally Posted by Ross View Post
    thnaks ann..i thought he can claim even were still here? did your husband do it as well..in our case his thinking to claim while here as it said his intiltle to claim it..but im applying my sppuse visa soon so am bit worried if that will affect us..more help pls
    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.htm
    LIFE IS BEAUTIFUL


  5. #5
    Moderator joebloggs's Avatar
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    nope i don't think so, maybe if you were in another country in the EU, but not outside the EU


  6. #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.


  7. #7
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    Quote Originally Posted by Ady View Post
    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.
    As a couple you can't claim Child Benefit, but you as a British citizen can claim child benefit for any child you are responsible for.


  8. #8
    Respected Member IainBusby's Avatar
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    Quote Originally Posted by Ady View Post
    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.
    Quote Originally Posted by darren-b View Post
    As a couple you can't claim Child Benefit, but you as a British citizen can claim child benefit for any child you are responsible for.
    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.


  9. #9
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    Quote Originally Posted by IainBusby View Post
    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.
    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


  10. #10
    Moderator joebloggs's Avatar
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    Quote Originally Posted by darren-b View Post
    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
    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


  11. #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


  12. #12
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    Quote Originally Posted by SteveUK View Post
    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
    Working tax credits are public funds. Though if you entitled to them I don't believe there will be a problem claiming them, the issue is if you need to claim additional public funds.


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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


  14. #14
    Respected Member Ann07's Avatar
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    Quote Originally Posted by jane2009 View Post
    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
    if your husband is british nothing to worry
    LIFE IS BEAUTIFUL


  15. #15
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    Quote Originally Posted by Ann07 View Post
    if your husband is british nothing to worry
    Yes! he is....


  16. #16
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    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


  17. #17
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    Quote Originally Posted by jane2009 View Post
    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
    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


  18. #18
    Respected Member Pete67's Avatar
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    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.


  19. #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!


  20. #20
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    Quote Originally Posted by darren-b View Post
    As a couple you can't claim Child Benefit, but you as a British citizen can claim child benefit for any child you are responsible for.
    darren only when the child is in UK ? is that right?
    sorry im confused eh
    If it's not life threatening IGNORE it .. .


  21. #21
    Moderator joebloggs's Avatar
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    Quote Originally Posted by jaishann View Post
    darren only when the child is in UK ? is that right?
    sorry im confused eh
    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.


  22. #22
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    Quote Originally Posted by joebloggs View Post
    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.
    Ta Joe ..
    If it's not life threatening IGNORE it .. .


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