# tax credits and ILR



## j752000 (Sep 14, 2012)

hello every one i need some advice regarding my wife's ilr which we will be applying for in December. i am a British citizen and i have a child i receive child tax credit, working tax credits and i am working part time i get approximately £140-£160 a week that's between 22-26 hours of work a week. i was wondering if there will be any problem when my wife apply's for here ilr with all the income i receive including all the tax credits.because of my work place my hours of work vary's and at this time i have no way to get extra hours of work from my employer,and i don't have any other income to show a greater income.please if any one can help i will appreciate it very much thanks in advance


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## Joppa (Sep 7, 2009)

j752000 said:


> hello every one i need some advice regarding my wife's ilr which we will be applying for in December. i am a British citizen and i have a child i receive child tax credit, working tax credits and i am working part time i get approximately £140-£160 a week that's between 22-26 hours of work a week. i was wondering if there will be any problem when my wife apply's for here ilr with all the income i receive including all the tax credits.because of my work place my hours of work vary's and at this time i have no way to get extra hours of work from my employer,and i don't have any other income to show a greater income.please if any one can help i will appreciate it very much thanks in advance


Receiving tax credits as a British citizen and British child is fine, PROVIDED you have told the tax credit office that your wife is still subject to immigration cotrol (no access to public funds). This way, you are assessed as a couple with a non-eligible partner.


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## j752000 (Sep 14, 2012)

Joppa said:


> Receiving tax credits as a British citizen and British child is fine, PROVIDED you have told the tax credit office that your wife is still subject to immigration cotrol (no access to public funds). This way, you are assessed as a couple with a non-eligible partner.


My child is not British she was born outside the uk,when I applied for the tax credits I did tick the part were it says subject to immigration control so the tax credit office are aware of my wife and child being under immigration control.


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## j752000 (Sep 14, 2012)

j752000 said:


> My child is not British she was born outside the uk,when I applied for the tax credits I did tick the part were it says subject to immigration control so the tax credit office are aware of my wife and child being under immigration control.


I got my wife and child to the uk on a settlement visa on 22nd November 2010


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## Joppa (Sep 7, 2009)

Antony8100 said:


> I'm totally agree with you.You'r 100% good here that receiving tax credits as a British citizen and British child is fine, PROVIDED you have told the tax credit office that your wife is still subject to immigration control.


I think even if the child is non-EEA, provided one of the parents isn't subject to immigration control (e.g. British citizen, as in this case), child tax credit may be claimed in relation to the child. In every case, tax credit office must be informed that the other parent is subject to immigration rules. The amount of CTC awarded is likely to be less than for a child with both parents free from immigration rules, and non-EEA parent isn't considered to be accessing public funds.


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## j752000 (Sep 14, 2012)

Joppa said:


> I think even if the child is non-EEA, provided one of the parents isn't subject to immigration control (e.g. British citizen, as in this case), child tax credit may be claimed in relation to the child. In every case, tax credit office must be informed that the other parent is subject to immigration rules. The amount of CTC awarded is likely to be less than for a child with both parents free from immigration rules, and non-EEA parent isn't considered to be accessing public funds.


Will there be a problem with what I am earning from my job or will that be ok as every week my working hours range from 22-26 hours. Thank you for your help so far I really apreciate it


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## j752000 (Sep 14, 2012)

j752000 said:


> Will there be a problem with what I am earning from my job or will that be ok as every week my working hours range from 22-26 hours. Thank you for your help so far I really apreciate it


*I mean problem with the ilr application


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## Joppa (Sep 7, 2009)

I don't think so, provided you together can meet the maintenance requirement quoted above.


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## j752000 (Sep 14, 2012)

Joppa said:


> I don't think so, provided you together can meet the maintenance requirement quoted above.


Sorry I didn't get that what is the maintainace requirement


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## Joppa (Sep 7, 2009)

j752000 said:


> Sorry I didn't get that what is the maintainace requirement


The requirement that used to apply prior to July 9th, where you must have £111.45 per week left over after paying for housing (rent or mortgage) and council tax.


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## j752000 (Sep 14, 2012)

Joppa said:


> The requirement that used to apply prior to July 9th, where you must have £111.45 per week left over after paying for housing (rent or mortgage) and council tax.


Am I right to believe that I should not be affected by the rule change as my wife has been here from November 2010 or has it changed for me to?


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## Joppa (Sep 7, 2009)

j752000 said:


> Am I right to believe that I should not be affected by the rule change as my wife has been here from November 2010 or has it changed for me to?


You are still under the old rules, as described.


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## j752000 (Sep 14, 2012)

Joppa said:


> You are still under the old rules, as described.


joopa when can my wife apply for her ilr is it after the 26th month or is it from the 23rd month from the date the visa was issued.thanks


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## Joppa (Sep 7, 2009)

j752000 said:


> joopa when can my wife apply for her ilr is it after the 26th month or is it from the 23rd month from the date the visa was issued.thanks


4 weeks short of 2 years since entering UK on her visa. So if she came on 22nd November 2010, the earliest she can apply is 25th October 2012. You should be booking a same-day premium service appointment at public enquiry office from that date. Slots are released exactly 6 weeks in advance at midnight, and they go very quickly.


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## j752000 (Sep 14, 2012)

Joppa said:


> 4 weeks short of 2 years since entering UK on her visa. So if she came on 22nd November 2010, the earliest she can apply is 25th October 2012. You should be booking a same-day premium service appointment at public enquiry office from that date. Slots are released exactly 6 weeks in advance at midnight, and they go very quickly.


Can we make a postal application before her visa finishes her visa expires on the 10th of February 2013 can we send the application on around 8th February or will there be a problem with that reason for me waiting until then is because she is still studying the life in the uk test and has not been able to pass it yet.


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## Joppa (Sep 7, 2009)

You can, but be prepared to wait ages for her biometric residence permit and passport back, currently running at 6-9 months. And without passport she cannot travel anywhere, and they only return her passport for some urgent, compassionate reasons without losing your fees and place in the queue.


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## j752000 (Sep 14, 2012)

Joppa said:


> You can, but be prepared to wait ages for her biometric residence permit and passport back, currently running at 6-9 months. And without passport she cannot travel anywhere, and they only return her passport for some urgent, compassionate reasons without losing your fees and place in the queue.


So if you do same day premium service you won't have to wait that long is that the main diffrence. I saw somewhere online that you can't apply for ilr before 28 days of the expiry date of the visa on spouse visa that was issued for 27 months do you have any idea what's that about. Is it compulsory for my wife to do the life in the uk test as she got here visa just before it was made compulsory 22nd nov she got here visa and it was introduced on the 29th November 2010


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## Joppa (Sep 7, 2009)

j752000 said:


> So if you do same day premium service you won't have to wait that long is that the main diffrence.


In a word, yes! 6-9 months without your passport and uncertainty vs getting residence permit within a week by paying £386 extra.



> I saw somewhere online that you can't apply for ilr before 28 days of the expiry date of the visa on spouse visa that was issued for 27 months do you have any idea what's that about.


You have to be in UK for 2 years (24 months), even though the visa is issued for 27 months (to give you a cushion of 3 months in case your arrival in UK is delayed). You can apply from 4 weeks short of 2 years.



> Is it compulsory for my wife to do the life in the uk test as she got here visa just before it was made compulsory 22nd nov she got here visa and it was introduced on the 29th November 2010


The test requirement for ILR was introduced on 2nd April 2007, so yes, she has to pass it before she can apply for settlement. She needs to have passed it at least 48 hours before her same-day appointment.
If she has great difficulty passing the test, she can do an ESOL course with Citizenship instead. Find out which local college offers it.


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## j752000 (Sep 14, 2012)

Joppa said:


> In a word, yes! 6-9 months without your passport and uncertainty vs getting residence permit within a week by paying £386 extra.
> 
> 
> 
> ...


thanks joopa for all your advice and help


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## j752000 (Sep 14, 2012)

Joopa I need your help please I have just filled up my spouses ilr form and i was wondering if I have to give the home office the orignal application and a photo copied application plus the orignal documents and copies of the documents. I am asking this question as my uncle said that I have to give duplicates of everything I send. Please if you can help me thanks alot


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## Joppa (Sep 7, 2009)

j752000 said:


> Joopa I need your help please I have just filled up my spouses ilr form and i was wondering if I have to give the home office the orignal application and a photo copied application plus the orignal documents and copies of the documents. I am asking this question as my uncle said that I have to give duplicates of everything I send. Please if you can help me thanks alot


Your uncle is spot on. Take all your original documents plus settlement application form, make a copy of everything and submit.


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