# tax credits and child benefits on a spouse visa?



## teaandscones (Jan 15, 2014)

Hi all,

My husband and i just had a baby girl and have been told that we are entitled to child tax credits and child benefits. 
Husband is one year into his spouse visa (Chinese) and working full time. I am a stay at home mum, not on maternity leave and I am British. 

My question is, will this in anyway affect our visa, as I would be claiming them on my behalf. I am aware my husband is not to "claim public resources" on his visa. 
Any advice on this matter would be greatly appreciated!


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## Joppa (Sep 7, 2009)

No problem about claiming Child Benefit. When claiming CTC, make sure you tick a box declaring that your husband is subject to immigration control with no recourse to public funds. This is important as Home Office often check to see if you have done so. Provided you have declared, it won't affect his visa status or renewal, even though by law you have to apply jointly with him.


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## teaandscones (Jan 15, 2014)

Joppa said:


> No problem about claiming Child Benefit. When claiming CTC, make sure you tick a box declaring that your husband is subject to immigration control with no recourse to public funds. This is important as Home Office often check to see if you have done so. Provided you have declared, it won't affect his visa status or renewal, even though by law you have to apply jointly with him.


Thank you so much. 

We just got the letter from HMRC about the Child Tax Credit application. 
They decided I am able to get Child Tax Credit and my husband can get Working Tax Credit. 
We did tick the box that he is subject to immigration control when we filled out the application form. And now he is receiving money... will it be any problems with his visa renewal ? 

We called Tax Credit Hotline about this issue and got the answer from them "I don't see why he can't get the Working Tax Credit." Even though she sounds like it's okay, we just want to make sure that he can get his visa renew and stay in the country with me and the baby together. Just don't want to risk it. 

Not sure anyone can help us with this. Thanks in advance.


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## Joppa (Sep 7, 2009)

The conditions for getting tax credits if you are subject to immigration control:
https://www.gov.uk/tax-credits-if-moving-country-or-travelling/immigration-control
As you don't need leave to remain in UK (UK citizen), he may be eligible for tax credit, specifically working tax credit if he is in work. You always apply for tax credits as a couple even if one of you have no recourse to public funds. Home Office knows this and is happy about it.


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## teaandscones (Jan 15, 2014)

Joppa said:


> The conditions for getting tax credits if you are subject to immigration control:
> https://www.gov.uk/tax-credits-if-moving-country-or-travelling/immigration-control
> As you don't need leave to remain in UK (UK citizen), he may be eligible for tax credit, specifically working tax credit if he is in work. You always apply for tax credits as a couple even if one of you have no recourse to public funds. Home Office knows this and is happy about it.


Yes, he is working in England and 40 hrs a week. 

Just click on the link and found this 
"Exceptions
You may be able to get tax credits if:
your partner lives in the UK and is not subject to immigration control'

As I am his partner and not subject to immigration control, I think he can get the Working Tax Credit without any visa problems. 

Once again, big THANK YOU, Joppa.


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## Joppa (Sep 7, 2009)

Because of the peculiarity of tax credits, all applications must be made jointly with their spouse/partner, even if they are subject to immigration control. This is different from other non-contributory, universal benefits, where applications are made singly, so those who have no recourse to public funds cannot apply.


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