# Child Tax Credits and ILR visa



## bullajabbar (Dec 2, 2008)

I feel I have been given bad advise by a Benefit councillor and now I am very confused.

Married to UK citizen. I have Temp Leave to Remain (and have NO RECOURSE TO PUBLIC FUNDS) and will be applying for ILR next month. Had a baby 19 months ago.

I had not applied for Child Tax Credits because I believed I could not receive them. Went to a Benefit councillor and they said I should be able to receive them. My husband and I applied and were granted Child Tax Credits (not Working Tax credits, which is good).

Read a couple of days ago on the internet that I should not be getting these credits and that it could effect my application. I read that Inland Revenue doesn't actually police the Tax credits but that immigration will.

Was I given horrible advise that will now bite me on the ass?


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## Joppa (Sep 7, 2009)

bullajabbar said:


> I feel I have been given bad advise by a Benefit councillor and now I am very confused.
> 
> Married to UK citizen. I have Temp Leave to Remain (and have NO RECOURSE TO PUBLIC FUNDS) and will be applying for ILR next month. Had a baby 19 months ago.
> 
> ...


UKBA clearly states you are not eligible for Child Tax Credit, not because of your income etc but your visa status. Your advisor simply went by your finances, not your immigration status. You should stop getting it immediately by contacting the Tax Credit Helpline (on your benefit letter).

UK Border Agency | Public funds

Once you get your ILR, just reapply for tax credits, child benefit etc.


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## Shelby (Feb 9, 2011)

Based on your child being a british citizen...

As far as I'm aware, your husband can claim Working Tax Credit and Child Tax Credit on behalf of your child but the amount you get, should be based on what it would be if he was a single father.

You have to make sure any claim is in his name not yours and that you get nothing more for you being in the UK.

Joppa clealy know a lot about this sort of thing though so there's a chance I'm misunderstanding the rules.


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## bullajabbar (Dec 2, 2008)

Shelby said:


> Based on your child being a british citizen...
> 
> As far as I'm aware, your husband can claim Working Tax Credit and Child Tax Credit on behalf of your child but the amount you get, should be based on what it would be if he was a single father.
> 
> ...


Thank you, and I knew that but I was mislead. Everything is in his name, but I feel so stupid.

Thank you for your advice.


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## bullajabbar (Dec 2, 2008)

I called Tax credits help line and they told me that when I checked the box "subject to Immigration control" they looked into my visa status and that I was found eligible for Child Tax Credits because 1. I live with my husband who is eligible for Credits because he is British and 2. My child is British.

They would have not allow my tax credits otherwise.

So I am ok. They also told me that they wouldn't have been able to take me off until the next tax year, which was worrying. 

I am glad that they were paying attention and that everything is ok


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## Joppa (Sep 7, 2009)

bullajabbar said:


> I called Tax credits help line and they told me that when I checked the box "subject to Immigration control" they looked into my visa status and that I was found eligible for Child Tax Credits because 1. I live with my husband who is eligible for Credits because he is British and 2. My child is British.
> 
> They would have not allow my tax credits otherwise.
> 
> ...


You were correct in being eligible for CTC because of your British partner and child. I was just stating the general position for those subject to immigration control. Your case is covered in:
HM Revenue & Customs: Immigration control and tax credits under 'You're subject to immigration control - when can you get tax credits?'
Your are also eligible for Working Tax Credit on the same basis.


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## bullajabbar (Dec 2, 2008)

Joppa said:


> You were correct in being eligible for CTC because of your British partner and child. I was just stating the general position for those subject to immigration control. Your case is covered in:
> HM Revenue & Customs: Immigration control and tax credits under 'You're subject to immigration control - when can you get tax credits?'
> Your are also eligible for Working Tax Credit on the same basis.


Thanks for that. And you were right to remind people.


I must say I am very relieved though.


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## boutdumonde2000 (Apr 28, 2012)

Hi, i would like to get your help if you can plz, i am married to a French wife so i have 5years residence which 4 years has gone already, we have a child now 1 year old, the question is i am not working and our finance are very tight, i wonder i f we apply for working tax credit and child tax credit will effect my ILR application next year or not? ....thank you in advance


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## AnAmericanInScotland (Feb 8, 2012)

boutdumonde2000 said:


> Hi, i would like to get your help if you can plz, i am married to a French wife so i have 5years residence which 4 years has gone already, we have a child now 1 year old, the question is i am not working and our finance are very tight, i wonder i f we apply for working tax credit and child tax credit will effect my ILR application next year or not? ....thank you in advance


I'm confused.

Are you a non-UKC living in the UK with a French wife on an EEA dependent visa? Where are you from, where do you have four years residence tucked up?


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## boutdumonde2000 (Apr 28, 2012)

Hi again, No i am tunisien married to a french wife so i got 5 years residence as EEA family member, i will apply for my ILR next year, the question simply will the working tax credit and the child tax credit will effect my application for ILR or not? thank you


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## Joppa (Sep 7, 2009)

boutdumonde2000 said:


> Hi again, No i am tunisien married to a french wife so i got 5 years residence as EEA family member, i will apply for my ILR next year, the question simply will the working tax credit and the child tax credit will effect my application for ILR or not? thank you


There is no blanket ban on accessing public funds like tax credits for those under EU regulations, as you shouldn't be discriminated against vis-a-vis British nationals. So getting them won't affect your permanent residency application on EEA4.


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## boutdumonde2000 (Apr 28, 2012)

Thank you i hope not too


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## 302993 (Oct 8, 2013)

bullajabbar said:


> I feel I have been given bad advise by a Benefit councillor and now I am very confused.
> 
> Married to UK citizen. I have Temp Leave to Remain (and have NO RECOURSE TO PUBLIC FUNDS) and will be applying for ILR next month. Had a baby 19 months ago.
> 
> ...


Hi,my question is pretty similar.So,I am on a spouse visa with a child dependent here in the UK,me and my child have been here just over 2 months.My husband who is a British citizen and I are having a bit of an argument over this matter as he is considering to apply for Child tax credit and Working tax credit where I am against about this idea as I don't want to make any mistakes at this point that can lead to a problem in the future. From what I read in the replies that my husband as a British citizen can apply for it,but will it make a difference the fact that my child is not a British citizen and she is in the UK under my spouse visa as my husband's dependent .My husband is a step father for her...
Any output will be much appreciated.


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## _shel (Mar 2, 2014)

If the child is not british he is not entitled to child tax credits.


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## 302993 (Oct 8, 2013)

_shel said:


> If the child is not british he is not entitled to child tax credits.


Thank you Shel.This is exactly what I need to know.


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## jeoali (Oct 26, 2014)

*benefits help*

Hi
Me and my wife recently got ILR,but we didn't apply for our 3 year old daughter right now she is on dependent visa with(no resources to public funds)which was got all of us earlier. I am going to register my daughter for citizenship soon. My question is can I apply for benefits (child, tax credits, house benefits,child tax credits etc) before applying registration and it will not effect on my daughter citizenship registration process. Thanks for help.


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## Joppa (Sep 7, 2009)

I wouldn't apply for any child-related benefit until your daughter is registered as British. Home Office do check with benefit agencies so be careful.


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## jeoali (Oct 26, 2014)

Thanks.. that was I need to know


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