# Spouses visa renewal Claim child tax credit/working tax



## Ychen (Feb 6, 2017)

Hi,
My husband is British, and we have one child together who is British as well. And due to husband not earn enough ( we were use cash saving way to got my first spouse visa) so he has been claiming work tax credit and child tax credit also child benefit. I've read a lot about claiming them won't be effect my visa... but cause claiming are all in both of name ( as couple have to put both of our name on) and my husband can not remember if he has tick the box about declare immigration control part for me... so I really worry if he didn't do that can the visa still be ok when the time we renewals? Should we stop claiming them? He is gonna phone the HMRC to ask about if he tick it or not, but will it be frauds?
Thank you all.


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## clever-octopus (May 17, 2015)

Child tax credit and working tax credit are assessed jointly. If your husband is eligible, then you as a couple are eligible, but you as an individual could not claim public funds on your own. Yes he should still tick the box to affirm that you are subject to immigration control.


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## Ychen (Feb 6, 2017)

Thank you for answer!
But due to when we applie work / child tax credit, my husband didn't tick the box about immigration control part... he phoned today and told the hmrc if they can change it for us. But anyway, cause of not tick the box about immigration control,and he has been claim the credit for over a year already, we just noticed about this problem recently) will it effect my renewal visa? Anything we can do? Thanks


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## clever-octopus (May 17, 2015)

It's very unlikely to affect your renewal (most likely that section is used for records keeping), but your husband should've been honest on the form.


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## Joppa (Sep 7, 2009)

I'm told Home Office routinely ask tax credit office if a claim has been made by applicant or sponsor, so not ticking the box can be used as evidence against you.


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## Sabrina Khan (Nov 10, 2016)

Hi jopa
Plz if u can clarify this a bit more plz 

My husband is on FLR (M) visa at the moment 

Now 
can I apply for child benefit,child tax credit and working tax credit 

My concern is it will effect on my husband next extension 
Which is indefinite leave 
Both me and my child are British 

1. Have u been subject to immigration control in the last month

Answer. I should tick ? NO about myself 

And tick ? YES about my husband 

2. Is your partner entitled to child benefits now or are they waiting to hear if they can get child benefit?

Again I should tick ? No


My earnings per year is 23k 


Thank u jopa


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## Joppa (Sep 7, 2009)

You can apply for all those benefits, and when asked, must disclose your spouse is under immigration control with no recourse to public funds. Provided it's done, it won't affect his visa renewal.


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## Sabrina Khan (Nov 10, 2016)

Thank u so much jopa for ur kind and speedy reply
Sorry I'm a bit thick 
There is no space provided in the application form that I can mention that my husband is not entitle for public funds

All they asking the above questions 
Is my answer to above ok?
I know I sound like stupid 
But I want to be clear crystal 

Sorry to bother u jopa


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## Joppa (Sep 7, 2009)

#1 No, about you, Yes about your spouse.
#2 Don't understand the question. Isn't it asking about eligibility under the benefit rules, i.e. those earning above certain limit don't qualify?


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## Sabrina Khan (Nov 10, 2016)

Sabrina Khan said:


> 1. Have u been subject to immigration control in the last month
> 
> Answer. I should tick ? NO about myself
> 
> ...


So it's mean the above is ok
Thanks again jopa


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## Sabrina Khan (Nov 10, 2016)

Hi jopa 
when u get time can u plz comment on the above 
Appreciated


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