After The Fiance Visa And Child Payments

[bread]

Hi all 2 questions if possible;

My fiancé is now in the UK with me we are aiming on getting married and in turn submitting for the next part (the two year visa), could some one please tell me which form and point me towards where I would find it please.

We are also expecting a child in the next 8 weeks and I was just wondering if any one new or had any experience with clamming child support, I know she can not for 6 months but can I? If any one knows the process any advice would be fantastic

Thanks BREAD

Edited July 10, 2008 by bread

[roygsd]

Hi all 2 questions if possible;

My fiancé is now in the UK with me we are aiming on getting married and in turn submitting for the next part (the two year visa), could some one please tell me which form and point me towards where I would find it please.

We are also expecting a child in the next 8 weeks and I was just wondering if any one new or had any experience with clamming child support, I know she can not for 6 months but can I? If any one knows the process any advice would be fantastic

Thanks BREAD

Hi Bread,

Bun in the oven then?

I am fairly sure you are entitled to claim child benefit even if the g/f is not enttled to, I will check it out for you tomorrow

roy gsd

[bread]

thats good thanks would any one know what form and where still?

and any chid payment advice would be good

[Mossfinn]

My fiancé is now in the UK with me we are aiming on getting married and in turn submitting for the next part (the two year visa), could some one please tell me which form and point me towards where I would find it please.

I am not entirely sure what visa your partner currently has, but I would hazard a guess that she will be looking for a Settlement Visa next.

If I am incorrect have a look through These

Moss

[Mossfinn]

Child Tax Credits

Although your partner is not entitled to Child Tax Credits, you are.

Moss

Edited July 12, 2008 by Mossfinn

[farangmal]

Hi all 2 questions if possible;

My fiancé is now in the UK with me we are aiming on getting married and in turn submitting for the next part (the two year visa), could some one please tell me which form and point me towards where I would find it please.

We are also expecting a child in the next 8 weeks and I was just wondering if any one new or had any experience with clamming child support, I know she can not for 6 months but can I? If any one knows the process any advice would be fantastic

Thanks BREAD

You can claim the child benefit in your name.

You can also claim child tax credits and I think it depends where you are in the Uk if the claim is a joint, or a single claim.

We are in Scotland and in Scottish Law it has to be a joint claim, although the money is paid to me not Her. I was advised we could claim by the people in immigration P.E.O. (public enquiry office) and I checked it with revanue and customs.

Your Wife cannot claim any support until the 2 year visa expires and She gets the ILR (indefinite leave to remain)

Remember and get Her a Collage place. They wont give Her ILR unless She has passed an ESOL with Citizenship or passed life in the Uk test.

Do it now. This pisses me off as they never even informed us about the changes to the Law last year. I struggled to find a place at a Collage for my Wife.

Edited July 12, 2008 by farangmal

[egg6447]

are uk tax credits available to a brit paying uk tax but living in thailand.?? for a child that is. cheers

[roygsd]

I am fairly sure you are entitled to claim child benefit even if the g/f is not enttled to, I will check it out for you tomorrow

roy gsd

Hi Bread

sorry for the delay in responding, been a bit busy.

You should apply for the child benefit rather than your partner.

Although you do not appear to be in reciept of Jobseekers Allowance or income Support at the moment but bearing in mind the 5000+ lost jobs in the construction industry alone last week it is possible that some members will have wives in the uk on a spose visa may find they have lost or about to loose their job their through no fault of their own with the result that they may need to apply for Jobseekers allowance/Income Support/ Council tax.

Anyone in that situation might think that they cannot claim either of the above benefits due to the restrictions imposed with thier wife's visa, and this is simply not correct.

I assisted someone who's wife was in the uk and subject to the " no recourse to public funds" spouse visa to LEGALLYobtain Income Support Housing Benefit and Council Tax for himself AND HIS THAI WIFE.

I obained and completed the application forms for Income Supportfor HIM and enlosed a letter confirrming that he was not providing his wife's details in the application because her visa was stamped " No recourse to public funds" and therfore she was not eligible for Income Support Assistance, also asking them to take full account of his wife's in eligibilty to revieve I/S

and specifically asking them to examine the requirements o his wifes visa of which a certified copy was enclosed for their reference and consideration.

As expected, back came the letter confirming that if he did not include full details of his wife in HIS APPLICATION they would not process HIS APPLICATION,and also enclosed was a new application form for completion.

I again completed the application on his behalf only this time including all the information required in the form in respect of his wife, also enclosing a copy of the previous application which they had refused and a covering letter confirming that he did not wish to claim benefit for his wife but as their previous letter confirmed the Department would or could not process his application unless he included his wife' details in HIS application. I also confirmed that s it was clear the Department would not process HIS application to obtain the benefits to which HE was legally entitled to recieve, I also confirmed he was only including his wifes details in the application in order to recieve benefit for himself and asked that his wife's details be excluded from the decision making process in respect of HIS application for Income Support.

He reieved a letter which stated how much he was entitled to recieve and how the figure was calculated, in that calculation was a sum awarded for his wife living with him, a letter explaining the wife was not entitled to recieve benefit was sent and the reply stated that they were legally obliged to incease his payment to reflect his wife was living with him irrespective of the

"no recourse to public funds" stamp on her visa.

I submitted similar letters along witht HIS application's for Housing Benefit and Council tax and made it clear that he did not want to claim for his wife due to the "no reourse to public funds" requirement in her visa.

The applicant was also awarded both of the above benefits which included the enhanced rate to cater for the fact his wife had no income and was is dependent.

It would appear that the Immigration legislation conflicts with the legislegislation relating to Income Support/ Housing and Council Tax Benefit legislation, the Officers of the various Departments processing Benefit Applications have a statutory Duty to apply the legislation which applies to thier Department

I have highlighted this Benefit Entitlement previously on this site and some members apear to get quite anoyed about it, I take the view that if the law says someone is entitled to recieve a particular benefit then they should apply for, and recieve it.

If anyone is a bit shy of discussing their personal situation here they are quite welcome to contact me directly/off line if they wish.

Roy gsd

Edited July 14, 2008 by roygsd

[roygsd]

are uk tax credits available to a brit paying uk tax but living in thailand.?? for a child that is. cheers

Hi

What a lovely question!

I dont now the answer to it but I am going to get on to the tax office to find out today!

Mt first question to you though is how does the tax authority know you are not living in the uk at the moment?

Roy

[kennkate]

OK I put my question here because its running along the same lines

I came to UK with my GF in Sept 07 got married in Jan 08

My wife left Uk in Jan 08 to return to Thailand in order to look after her 2 kids

She had left them with Mum

I returned in Feb to Thailand Now back in the Uk to clear up things before I can come back

I have been in touch with Penson service I am 67 and get state pension

have been told can claim for increase to my pension for my, wife Even though my wife is in Thailand.

Had to send her original birth cert and marrage Cert now waiting for response from them.

CAN I CLAIM ANYTHING FOR THE KIDS (NOT MINE) Tax Credit ect ?

still in full time Education If so who do I contact ?

[the scouser]

As the kids are in Thailand, you'll be lucky to get any non-contributory benefit in their respect.

Scouse.

[kennkate]

Thanks for that Scouse

But was Told can claim Pension increase for Wife Living in Thailand

Maybee Kids is Tax credit Dont know if thats a different Dept

Who knows it"s a minefield

[the scouser]

Your state pension is based on contributions you have made, so is an "entitlement" as you've paid in. However, tax credits and child benefit are non-contributory and, as far as I'm aware, have a residency criterion which means that the child in respect of whom the benefit is claimed must live in the UK.

Scouse.

[bread]

Sorry its taken a few days to come back but thanks guys, the great thing about this site is the help all ways comes quick and that was all I wanted to know,

though thinkng about it is child benfit the same as the tax credits ?

Thanks bread

[Mossfinn]

though thinkng about it is child benfit the same as the tax credits ?

You fill out a Tax credits pack, within that you will get child tax, which is the old child benefit.

Within that form, with the info you provide, it will decide if you are entitled to working tax credit, I really know nothing about the working tax credit or other forms of claiming, only the child benefit side of things.

Clear as mud?

Moss

[egg6447]

are uk tax credits available to a brit paying uk tax but living in thailand.?? for a child that is. cheers

Hi

What a lovely question!

I dont now the answer to it but I am going to get on to the tax office to find out today!

Mt first question to you though is how does the tax authority know you are not living in the uk at the moment?

Roy

not sure who knows, but, my pension is frozen so someone knows. already applied for adult dependency allowance. still waiting on that one. always draw a blank on the tax credits. after all the tax is my own money anyway. well as i see it. strange to me , if ada is in place how come infant dependency isn,t.? regards and thanks for help.

[bread]

Clear as mud mate yes !!

seems easy enough though these things never are

[farangmal]

though thinkng about it is child benfit the same as the tax credits ?

You fill out a Tax credits pack, within that you will get child tax, which is the old child benefit.

Within that form, with the info you provide, it will decide if you are entitled to working tax credit, I really know nothing about the working tax credit or other forms of claiming, only the child benefit side of things.

Clear as mud?

Moss

Child tax credit and child benefit are not the same thing.

Child benefit is not means tested. Everybody gets the same amount.

Child tax credit is means tested and what you receive in tax year April 08 - April 09 is dependant on your total income from tax year April 07 - April 08.

You can go abroad for one Month without informing them. If you are going because of Family illness you can leave the UK for a period of three Months and still get the benefits.

After that if you keep claiming it would be fraud.

Unless you are going to live in Eastern Europe.

[bread]

you are right child tax credits and benefits are not the same thing which is nice to no ! though i know think its £18.80 a week and the tax credits aprox can be from £10-£300