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Thread: Public funds

  1. #1
    Member สมาชิก Andy22's Avatar
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    Hi everyone

    Can any one answer this quick question for I am very busy today and do not have the time to trawl the site.

    If your wife and step daughter are both here on a settlement visa are you allowed to clam child benefit for the step daughter and child tax credits as husband and wife.

    Cheers for any replies

    Kindest regards

    Andy

  2. #2
    Member สมาชิก Andy22's Avatar
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    Hi everyone

    Can any one answer this quick question for I am very busy today and do not have the time to trawl the site.

    If your wife and step daughter are both here on a settlement visa are you allowed to clam child benefit for the step daughter and child tax credits as husband and wife.

    Cheers for any replies

    Kindest regards

    Andy

  3. #3
    Premium Member Gary & Nok's Avatar
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    Hi Andy, would have thought it would depend if they have "no recourse to public funds" on the visa.
    If so I would imagine the answer to be no.
    Will expect more experienced people to respond soon.
    Independence Day 31st January 2020

  4. #4
    Moderator John's Avatar
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    Andy, the position is thus, and Gary, sorry, not as you suggest.

    Child Benefit .... Andy it is totally OK for you to claim Child Benefit .... and absolutely not OK for your wife to claim. But as Child Benefit is a one-claimant benefit, that is no problem at all ..... so Andy go ahead and claim forthwith.

    Tax Credits ... slightly more complicated given that in respect of a couple living together it is essential that the claim is made jointly. Therefore at first glance the "No recourse to Public Funds" visa condition is a problem. However some "small print"in the Tax Credits legislation comes to your rescue. That is, reg 3(2), Tax Credits (Immigration) Regulations 2003 states that where one of the couple is a person not subject to immigration control (you) and one is a person subject to immigration control (your wife) then for Tax Credits purposes only they are both treated as not subject to immigration control .... hence it is totally OK to claim Tax Credits. This is reinforced by para 6B of the Immigration Rules.

    One beneficial side-effect of the Tax Credits claim is that if your wife does not yet have a National Insurance number, and therefore cannot enter it on to the Tax Credits claim form, the procedure will be invoked to get her a NINO in the near future. Whilst that might delay the start date of Tax Credits being paid, you will not actually end up losing any money.
    John

  5. #5
    Member สมาชิก Andy22's Avatar
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    Hi John

    Hope you are well. Thank you for the information. As you may remember in previous threads Max and Beam are going for ILR in approx two weeks. While filling in the form and reading the section on public funds it worried me for I am claiming child benefit and we are both claiming child tax credits jointley. Just as you said John in claiming child tax credits this kicked in max having to get a NI number.

    May I take the opportunity to just comfirm a little more information.

    We are going for an interview for ILR and straight after this we are applying for a Shengen to visit the South France for three weeks in late July. I have the following documentation (sse below)

    Return flight tickets
    Comfirmation of accommodation
    Bank statements/pay notes
    Travel insurance.

    John, will I need any more documentation

    Sorry to trouble you again

    Kind regards

    Andy 22

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    Forum Regular สมาชิกประจำ
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    sorry for jumping in,but john so is it ok for filling in the set m form about public funds. i can tick myself and my wife as applicant for both claiming child tax credit.as we claim child tax credit,s in both names.

  7. #7
    Moderator John's Avatar
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    About Schengen visa application from the French Consulate Andy asked :-

    John, will I need any more documentation
    You certainly need to supply your British passport and proof of marriage ... the marriage certificate. Otherwise the visa will cost you money, rather than be free.

    Leekman asked :-

    ..... can tick myself and my wife as applicant for both claiming child tax credit.as we claim child tax credit,s in both names.
    Well actually I don't think you do tick in those places. You will see that Q7.6 asks if Public Funds are being claimed, and I think the answer to that is no! The logic of that is that whilst CB and TC are listed in the benefits within the definition of Public Funds in para 6 of the Immigration Rules, both para 6A and 6B go on to effectively alter the definition ... conditionally on individual circumstances. Accordingly ... for you .... I suspect that "no" is the correct answer to Q7.6 ... and therefore all the following boxes about individual benefits can be left blank.

    "I suspect"? Of course if other benefits are being claimed that have not already been mentioned, well that might turn the "no" answer to Q7.6 into "yes".

    Hope that helps.
    John

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    Forum Regular สมาชิกประจำ
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    thanks john for your fast reply.to answer q7.6 my answer is yes .as i claim other benifits so child tax credit i,ll tick in both names.im applying for ilr in 4 weeks.

  9. #9
    Member สมาชิก Andy22's Avatar
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    Hi John

    Thanks for the information in relation to the shengen visa.

    Regarding applying for ILR I am a little confused around question 7.6 Are you or your partner recievcing any public funds.

    My situation is that I recieve child benefit and we are jointlery claiming child tax credit. Therefore I would assume that we tick yes to 7.6 and then tick partner for child benefit and boxes you and partner for child tax credit.

    I see in your reply to Leekman that he should tick none due to the points you make in relation to public funds and the immigration rules.

    However, for the purpose of Form M they class both child benefit and Child tax credit in the list for public funds. If I tick none of the boxes that means that I am not telling the truth. Therefore my deleration is false.

    What do you think is the right way to go John

    Kind regards

    Andy

  10. #10
    Forum Regular สมาชิกประจำ
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    andy, john,s reply was he suspect,s other benifits been claimed then yes should be ticked. as i claim other benifit,s than you have mentioned.so i,ll be ticking yes q7.6 and yes to both child tax credits.

  11. #11
    Moderator John's Avatar
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    However, for the purpose of Form M they class both child benefit and Child tax credit in the list for public funds. If I tick none of the boxes that means that I am not telling the truth. Therefore my deleration is false.
    I reiterate that because the definition of Public Funds is flexible if just Child Benefit and Child Tax Credit are being claimed by a couple consisting of one British Citizen and one Thai Citizen, the correct answer IMHO to Q7.6 is "no", and accordingly you ignore all those separate boxes about each benefit type.

    I have reached that conclusion because of the wording of para 6B of the Immigration Rules.

    Or put it another way, the wording of the form does not override the wording of the Immigration Rules.
    John

  12. #12
    Forum Regular สมาชิกประจำ
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    Andy22

    Regarding your French Schengen visa questions, we are off to France this Friday after getting the visa a few weeks ago. If you are a British citizen, you need to send off the following documents:-

    The completed application form
    2 passport photos of the applicant
    Your British Passport
    Your Wife's Thai Passport
    Your original marriage certificate and copy
    If it is a Thai marriage certificate - a certified English translation stamped by the Thai Consulate either in the UK or Thailand as a true translation - and copy.
    A covering letter explaining your travel plans.

    If you are a British citizen you do not need actual evidence of travel plans, accommodation, personal finances or insurance. The visa is also free of charge. If you live in a county from which they accept postal applications, send everything off by Royal Mail Special Delivery with a pre-paid addressed RMSD envelope for the return of your documents. We got everything back ok with a 6 month multi-entry visa within 3 days.

    If you live in a county where an interview is required - you should only have to present the above documents at your interview to obtain your visa.

    Good luck and enjoy France - we certainly will next week!

    Nick and Fon
    A bad day's fishing is still better than a good day at work.

  13. #13
    Member สมาชิก Andy22's Avatar
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    Thanks to everyone

    John you have made things clearer and Nick & Fon enjoy France

    Kindest regards to everyone

    Andy , Max and Beam

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