Claiming Child Tax Credit Whilst On Flr

[qpgwmh]

As it's soon time for my wife to apply for ILR I'm getting jittery about the fact that we're claiming joint Child Tax Credit (since midway through her FLR period). From memory, a joint application was the only way that we could apply so unlike Child Benefit, I couldn't just put it in my name.

At no time have we withheld any information about my wife's visa status and residency, in fact, I spoke to the relevant people a number of times and explained the situation saying that I think she doesn't qualify but they said to apply nonetheless and this resulted in the Child Tax Credit being awarded. I was totally honest and disclosed everything on the application form.

I'm now nervous because the form asks us to state whether we receive it and I have no intention of lying. What I'm unsure of is whether it is us in the wrong for trying to claim it, whether it is is HM Revenue & Customs in the wrong for awarding it or whether I've simply got my wires crossed and it's actually ok for us to receive it jointly? If it's one of the former then I'm very concerned that this will hinder her ILR application and potentially cause even more serious problems.

Has anybody had experience of this?

[vinny]

See also Tax Credits (Immigration) Regulations 2003 3(2), where one of a couple is a person not subject to immigration control (you) and the other is subject to immigration control (your wife) then for Tax Credits purposes only they are both treated as not subject to immigration control. Accordingly a claim for Tax Credits is totally OK ... for a couple in your circumstances.

[qpgwmh]

See also Tax Credits (Immigration) Regulations 2003 3(2), where one of a couple is a person not subject to immigration control (you) and the other is subject to immigration control (your wife) then for Tax Credits purposes only they are both treated as not subject to immigration control. Accordingly a claim for Tax Credits is totally OK ... for a couple in your circumstances.

Vinny, thanks ever so much for this link - the news has really made my day.

I've been rummaging around that site - just covering all bases, do you know if there is a more recent version that supersedes this?

[drummachine]

Sorry just to jump on this. I received tax credits, I was told at the time my Wifes name would be on it, yet it was paid solely to me because she is not a British Citizen. On my ILR form I put that the payments were made to me NOT my Wife being in receipt of them.

Is that ok or will it be a problem?

Thanks for any replies.