vitaline
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15 years ago
Hi,

Just went to try and get my Russian wife and step son their ILR, however we were told that as they have "No recourse to Public Funds" stamped on both their visas, and I have claimed child benefit and child tax credit they will not get their ILR.

I am a UK citizen and I have claimed Child Benefit for my step son in my name only, whilst for the Child Tax Credit both mine and my wifes name are on the form as she has a temporary job and her wage is to be included but money is paid to me.

As we tried to get her ILR direct from office in Liverpool, after the conversation with the form checker, who also contacted her manager. I am now faced with maybe posting the application I am awaiting a call from the child benefit office as I rang them to enquire.
Also for further information we had ticked both child benefit and child tax credit on the application form but under my section only.

Any one else out there been in this situation and will they not get their ILR?

Any comments gratefully received.
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lifeintheuktest
15 years ago

Your wife is married to a UK citizen so strictly speaking you should be allowed to claim both tax credit and child benefit. However there may be other things that may affect your situation.


Unfortunately in most cases you have to find the correct leaflet yourself to prove your status innocent as neither HO nor Tax credit officials are aware of all guidelines. I would recommend you to have a look at the following link (page 4) to start with and see if you fit into any of listed exceptions:


http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/publicfunds.pdf


E Fidan
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