Not sure if this should be posted here but seems to be the most relevent.
What entitlements does my thai wife have in the UK? I know part of the visa is no access to public funds but what does that cover?
I noticed in another post somebody mentioned getting job seakers allowancem to me this would be covered by the public funds part of the visa. I just don't want to do oursleves out of what we should be legally claiming!

Hope this sheds some light. The following is taken from Public Funds section detailed on the IND website.

2. What do theImmigration rulles say about public funds?

quote:

As a general rule, individuals subject to immigration control are not entitled to
certain benefits, tax credits, or housing and homelessness support.....

quote:

Accordingly, the Immigration rules require that those seeking leave to enter or remain in the United Kingdom are able to maintain and accommodate themselves and any dependants without recourse to public funds. This condition of entry will generally be endorsed in an individual’s passport – for example, the visa vignette in their passport will say “no recourse to public funds”.

3. What counts as a “public fund”?

quote:

Immigration Rules defines what counts as a “public fund” for immigration purposes. The list covers all non-contributory benefits, tax credits, and housing and homelessness assistance:
• income-based jobseeker’s allowance
• attendance allowance
• severe disablement allowance
• invalid care allowance
• disability living allowance
• income support
• child tax credit
• working tax credit
• a social fund payment
• child benefit
• housing benefit
• council tax benefit
• state pension credit
• housing and homelessness assistance

Hope this helps some.

Ally

Zim, this is actually quite a complicated area. For example, you mention JSA, and you will see that the definition of Public Funds kindly posted by Ally includes income-based JSA.

But it does not include contribution-based JSA, and thus if your wife has paid enough National Insurance contributions to entitle her to c-b JSA, then she is certainly entitled to claim that without causing any problem regarding her visa condition.

And whilst the definition of Public Funds, in para 6 of the Immigration Rules, is very useful, even that is not the complete story. It is also necessary to take into account paras 6A and 6B of the Immigration Rules :-

quote:

6A. For the purpose of these Rules, a person is not to be regarded as having (or potentially having) recourse to public funds merely because he is (or will be) reliant in whole or in part on public funds provided to his sponsor, unless, as a result of his presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds.

6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

For example, that reference to section 42 of the Tax Credits Act 2002 in para 6B. The Tax Credits (Immigration) Regulations 2003 were made under section 42. In particular reg 3(2) of those regulations says that where Tax Credits are being claimed by a couple one of whom is a person not subject to immigration control .... for example a British Citizen ... and the other of the couple is a person subject to immigration control ... a person on a time-limited visa .... then for Tax Credits purposes only they are both treated as not subject to immigration control. So that Tax Credits claim is totally OK.

Referring back to para 6B, this means that where such a couple claim Tax Credits, neither of them is actually claiming Public Funds!

As I said above, a complicated area.

quote:

Referring back to para 6B, this means that where such a couple claim Tax Credits, neither of them is actually claiming Public Funds!

This is good in theory - but does anyone know of a couple who have claimed Tax Credits and not been penalised. I'd be very grateful for a response as I have a friend who is considering a claim - but who is also going for the ILR in August.

A friend of mine successfully claimed working tax credits before his wife got ILR. I'm in the process of claiming them now. Claiming tax credits in no way effects ILR.

Also can be used to assist in getting a National Insurance number as this is needed for the process and saves all the hassle they would normally put you through to get an appointment for one.

I been claiming tax creditsince the wifey came back to the UK. Currently she is on a SET.

We simply both get a form each year from the tax office one telling me what I get and the other telling the wife what I get!!! and that she gets nowt Hehe.

the process was quick and easy. Child benifit was also very simple and uncomplicated.

Hi

Just as follow on from this thread. My wife and her daughter arrives in a month's time on a SET visa and I am just wondering whether we can claim child benefit. As written, under the visa rules, my wife does not have access to public funds, but I, as an UK citizen would. Does the fact that she would not be my natural daughter prevent me from claiming child benefit for her? Or, are we simply unable to claim benefit until permanent residence is gained?

Thanks

Hi David & Em
You can clam child benefit for your stepdaughter as you are a UK citizen.
It worked fine for us.
It also helps with the child tax credit, as the stepdaughters child benefit number can be used on the form.

Do you have to adopt in order to do that ? - Or is it enough to live with your wife and "her" child ?

From what I understand they have to live with you. I have not adopted her and the application went though ok.
We have been getting the money for 3 months now but are still whiting for them to return the birth certificate.

Hi,

I am going through the same process, on your comment about getting back your daughters Birth certificate, this morning I went to the local Tax office (Crewe) and got them to photcoppy (with no charge) the documents and counter signed. I am never very keen on letting go of these original docs.

My application is going off in the post today, like yourselves I have not adpted Dae who has been here since August last year. Also they can back date the payment for 3 months.

I will keep you informed how it progresses.

Roland Yao and Dae.

Hi, Roland
I phoned them to get the forms and was told that it had to be the original and an original signed translation of the certificate.
We still had problems with the signed translation as they said it looked like it had been photocopied then signed.
We had to take Jannys passport to the local Job centre.
Were they had to call to the benefits office and confirmed the details on the passport.
I think however that as you have got the photocopies done at the Tax office they will probably be ok with them.
Good luck with your application.

Hi,

Good luck on yours, I will keep you informed.


Roland

Thanks for the advice Uther. Fingers-crossed, our appliction will go through. My wife and daughter are not with me yet, that's next month, but forewarned is forearmed.

our tax credits and child benefit forms have been in the pipeline for the last 4 weeks or so. will report back here when i have further news on their success

What the hell is a SET chaps? Have I missed something?

HI,

I am assuming Settlement Visa.

Roland

Flip,

As Roland says, SET(M) are the settlement visa forms, I too am assuming it is this rather than the home of a badger

Grey area (with a white stripe), so far. Also there are variations depending on which country within the UK you reside.

Hi all.
the Child tax credit came though yesterday!
Letters were sent to Toi and me. So we have another letter for the ILR too!
It has also been back dated to 3 month before it was applied for, which was very nice of them.

It did arrive with next years forms to fill out and return for 8th April though

Still that should be easy to sort out now we are in the system.

Be very careful with Tax Credits.... Don't end up with yourself owing money to them like we do. They are chasing us for a few grand from 5 years ago still. Check all the wording on the forms, especially with back payments.

yikes andy... that sounds a bit on the scary side. what were their reasons for chasing the 5 grand? you haven't been appearing on any daytime quiz shows in your spare time have you?

quote:

yikes andy... that sounds a bit on the scary side. what were their reasons for chasing the 5 grand?

No comfort to Andy,but he wasn't alone.

In 2005/06 CABx dealt with around 150000 cases with problems with tax credit over payments and recovery,many of these caused debt problems elsewhere.
Here are a couple of examples that the CAB published in a press release-

In February 2007 a woman received notices warning that legal action would be taken to recover an overpayment that she had been trying to resolve for a couple of years. She had also been told that the 2004/05 overpayment would be recovered by stopping all further payments until it was all recovered. At the beginning of the 2006/07 tax year she was told that she still had an overpayment and had trying to get more details ever since. She had all the relevant paperwork but could not get any explanation of the overpayment. She found the legal warnings very distressing and was very frustrated by the fact that different sections of the Tax credit office did not hold all the same information.



A woman received a letter from HMRC advising that her £500 overpayment would not be recovered as it had arisen from an official error. She has now received a letter threatening recovery of the overpayment through court action. The tax credit helpline advised that the computer now had the overpayment down as recoverable and she would need to send them a copy of her original letter. She was very worried by the threat of court action, particularly over a matter she thought had been resolved a couple of years ago. This was made worse by the fact that the letter referred to Sheriff’s courts – and these only exist in Scotland.

The system was particularly complex and errors were made by the Tax Credit/Inland Revenue. It is slightly better now,but there are still some old chestnuts around.