# ILR and receiving working tax credit



## Mosesdan (Apr 13, 2015)

Hello, I am a british citizen and my wife is on a spouse visa and she is about to apply for her indefinite leave to remain, but I claim working tax credit with her name on the tax credit award as my spouse....will this affect her application negatively ?


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## Joppa (Sep 7, 2009)

No problems as tax credit must be applied as a couple and Home Office is well aware of it.


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## Mosesdan (Apr 13, 2015)

*Mr*

Thank you Joppa , I am self employed and my wife work full time as a carer, is there a minimum annual amount of income we must both earn for her to qualify for indefinite leave? As our joint income is £19,000 annually .


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## Joppa (Sep 7, 2009)

No minimum, just your joint income must be at least £18,600.


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## Mosesdan (Apr 13, 2015)

*Mr*

Thank you so much Joppa for all your information. I appreciate them....


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## Mosesdan (Apr 13, 2015)

*Mr*

Hello Joppa, will the joint income be considered base on our joint annual gross income, or on our annual net income?


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## Joppa (Sep 7, 2009)

Gross income.


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## Mosesdan (Apr 13, 2015)

Hello Joppa, 
Please kindly advice me on what is required for my friend with indefinite leave to remain or British passport living in UK to bring her 15 years old daughter from Nigeria to live with her parmernently in the UK....


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## Joppa (Sep 7, 2009)

Apply for her dependant visa. But where is the other parent?


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## Mosesdan (Apr 13, 2015)

The other parent which is her dad is presumed to be In Nigeria and can not be located, the young girl has never have contact with nor ever know her dad .
But her mum is married to another and since been living in th UK, and she now want to bring the 15 year old daughter to be living with her parmanently in the UK.


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## bhum (Nov 24, 2015)

Hi guys i was wondering did any of you from the above post apply for the visa stating that you receive working tax credit and if so what was the outcome?


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## bhum (Nov 24, 2015)

Mosesdan said:


> Hello, I am a british citizen and my wife is on a spouse visa and she is about to apply for her indefinite leave to remain, but I claim working tax credit with her name on the tax credit award as my spouse....will this affect her application negatively ?



Hi 
just wondering did u actually apply for the indefinite leave to remain stating that you claim working tax credit and if so what was the outcome? 
As i am in the same situation where my husband is subject to immigration and the working tax credit is in his name as i am not currently working and have a baby.... with it been im his name wondered if it will affect our visa application? 
Please help as it would be great help


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## bhum (Nov 24, 2015)

Hi if anyone can get back to me as it is urgent....have to apply in a couple of month time and am very confused in what to do re working tax credit and visa application...would it affect leave to remain visa application if my husband on benefits jointly with me and if we have savings as well??


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## Joppa (Sep 7, 2009)

You are fine. Provided you have declared that your partner is subject to immigration control with no recourse to public funds, all applications for tax credits are made jointly and Home Office is OK with that and it won't affect ILR application.


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## bhum (Nov 24, 2015)

Thanks for getting back much appreciated....do you know if there is people that have claimed and been successful? I just want to be reassured that its ok....because it will be in my husbands name (non british) which is why its bothering me.


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## Joppa (Sep 7, 2009)

They will check whether you have declared that your husband is subject to immigration control (there is a box to tick on the front of form last time I looked at it). Provided this was done, then you are in the clear.


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## bhum (Nov 24, 2015)

Joppa said:


> They will check whether you have declared that your husband is subject to immigration control (there is a box to tick on the front of form last time I looked at it). Provided this was done, then you are in the clear.



Thamk you so muchhh joppa


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## bhum (Nov 24, 2015)

bhum said:


> Joppa said:
> 
> 
> > They will check whether you have declared that your husband is subject to immigration control (there is a box to tick on the front of form last time I looked at it). Provided this was done, then you are in the clear.
> ...


Sorry is this this on the visa form or tax credit form?


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## Joppa (Sep 7, 2009)

Tax credit form. UKVI will check with tax credit office to verify.


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## Joppa (Sep 7, 2009)

Have also found:


> Exception for couples
> 
> Where one member of a couple is subject to immigration control and the other is not, or comes within one of the exceptions above, a joint claim can be made and both claimants will be treated as though neither is subject to immigration control. However, the second adult element of WTC will generally not be awarded.


Who can claim? « How do tax credits work? « Guidance « Tax Credits « Revenue Benefits to immigration control


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## bhum (Nov 24, 2015)

Thanks alot joppa appreciate all the advice you have given!!


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## bhum (Nov 24, 2015)

Joppa said:


> Have also found:
> 
> 
> > Exception for couples
> ...


Just one more question we wil be applying mostly showing savings and my husbands income. Would the UKBA take into account the savings we have if we apply for WTC AND CTC?


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## Joppa (Sep 7, 2009)

Only if you need savings to meet the financial or maintenance requirement, depending on your circumstances.


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## bhum (Nov 24, 2015)

Sorry i didnt mention clearly, yeah im going to be showing savings as husbands income is not meeting the 18,600... but when i mention i am claimning WTC n CTC would it be a problem as i have savings?


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## Joppa (Sep 7, 2009)

No. To get tax credits, they ignore any savings or assets you have. Only if savings generate any income, such as interests, they will be taken into account but they ignore the first £300 of interests received between you.


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## bhum (Nov 24, 2015)

Ok thanks. But to make sure i did ring home office and they asvised me that i am not allowed to claim working tax credit at all and that it will affect my husbands visa. Now i am very confused. What is right?


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## ahidges (Mar 20, 2013)

thats strange, me and my husband working tax, his name is on the award, we wrote a covering letter stating that he is under immigration control. Why would they say claiming is not allowed?


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## bhum (Nov 24, 2015)

ahidges said:


> thats strange, me and my husband working tax, his name is on the award, we wrote a covering letter stating that he is under immigration control. Why would they say claiming is not allowed?


Hiya 
thanks for the reply. The HMRC has said that me and my husband can claim both benefits WTC and CTC but to make sure i rang uk home office to ask if it would affect his renewal visa in a couple of months time they said yes as he is not allowed to claim benefits. To be honest i dont think he knew because i have read myself that we can claim. 
Have you applied for visa claiming working tax credit? If so what was the outcome?


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## bhum (Nov 24, 2015)

Any help would be apperciated as i am confused as what to do....


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## Joppa (Sep 7, 2009)

As I said many times before, do NOT rely on telephone advice service offered by Home Office. It's answered by a commercial firm, Hinduja Global Solutions, and staff just read off a script which may have nothing to do with your situation. I am 100% correct about tax credits.


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## bhum (Nov 24, 2015)

Thanks alot joppa because i am also sure that i can apply for WTC and CTC jointly and it wont effect my husbands visa....thanks :relaxed:


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