Joint Claim?

[Quan]

Folks. My British wife claimed child tax credits a few months ago and had to make a joint claim 'legally' as we were married. Will this affect my settlement visa?

[Mercury]

You are required by law to claim Tax Credits as a couple and as such the issue of her being subject to immigration control does not apply. There is some information here with links to the relevant authorities

Edited September 2, 2010 by 7by7
Link to another forum removed; see forum rule 10 "Not to post URL links to other forums"

[Quan]

Thanks Mercury. I think technically it shouldn't be a problem and in any case if we were to cancel it it would still show on previous bankstatements. The question is really, do the ECOs know this and how do they interpret the rules. What do you recommend we do just to be safe from a prolonged appeal.

[7by7]

From the UKBA leaflet No recourse to public funds. What does it mean?

My partner is allowed to claim tax credits - can I claim them too?

Claims for child and working tax credits are assessed jointly. If you are living with a spouse or partner who is allowed to claim tax credits, your name may be included in the claim.

So it will not be a problem.

However, you talk about ECOs and a settlement visa. Do you mean that you are in the UK already and are asking about an in UK application, for example indefinite leave to remain (ILR)? Or are you outside the UK and yet to apply for your initial 27 month spouse visa?

[Quan]

I am living with my spouse in the UK but will be leaving to apply for settlement as my FLR(m) was refused. So in a few weeks I'll be making an out of country settlement application.

[7by7]

I think that, depending on why your FLR was refused, you may have a right of appeal; you should have been told of this with the refusal.

Even if you cannot appeal, it may be worth speaking to a professional adviser, or Immigration Advisory Service to see what you can do to overturn the refusal without having to leave the UK.

If you do leave and then apply again for settlement, presumably as a spouse, then you will have to adequately deal in that application with the reasons for the refusal of your FLR.

Also, I think that your wife will have to contact the tax credit people to tell them of the change in circumstances; she should certainly ask.

Hopefully one of the professionals who are members here will be able to advise you further.

[Quan]

Thanks for the response. The FLR was refused because I had no leave to remain, the caseworker didn't believe the relationship was subsisting (eventhough we're married) and didn't feel there were any exceptional compassionate circumstances preventing me from reapplying from home.

I raised a number of concerns about finance and adequate care for my daughter if I was to leave and they were completely ignored and told that I had made no such submissions eventhough the caseworker refutes other parts in the same submission. I was given no right of appeal and will have to wait for a deportation order before I get one.

To be honest I'm just worn out and will rather just go home and reapply as the H.o keeps reiterating. I think we'll definitely inform the W&P of the change before leaving. Thanks again and please keep the advice coming.

[7by7]

Thanks for the response. The FLR was refused because I had no leave to remain

This could cause you a big problem!

Para 320(11) of the Immigration Rules says

Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

If you haven't already done so, I would strongly advise you to seek the advice of an OISC adviser or immigration solicitor.

[Quan]

I have spoken to an oisc solicitor, it seems 320(11) does not apply to spouses/partners, or it's not applied rigidly. In any case I do not have the option of staying another year trying to fight the UKBA and I'll only be able to appeal after a deportation order is issued - if they even bother issuing one. I'm pretty much set to apply from outside the UK and God willing it will be approved!!! Hooray.

[7by7]

It is Para 320(7B) that does not apply to spouses and partners, among other exceptions. Para 320(11) does apply to all applicants. Whether your situation would cause the ECO to consider a refusal under this paragraph, I don't know.

However, if a settlement application were refused under Para 320(11) then that refusal could be appealed.

I am right at the limit of my knowledge here, but I would say that waiting until a deportation order is issued will not help your case. Better, I would think, to leave the UK voluntarily.

[Quan]

Ah well, it seems all roads lead to Rome! To victory!

[Quan]

More advice here folks, I'm probably just stressing.

Anyway, our joint account balance shows a substantial amount transferred onto my wifes credit card. We have included credit card payments on our monthly expenditure. However after paying for flights etc. the credit card balance is shot and I wouldn't be comfortable showing it.

Do I just say that we are servicing the debt or show the balance?

[7by7]

The size of any debt does not matter; as long as you are repaying it to the satisfaction of the creditor and can afford the repayments.

There is no actual requirement to mention debts in an application; but there is a requirement to mention any material fact; large debts, obviously, could affect one's ability to support oneself and one's partner and so could be a material fact.

However, from what you have said, the debt is being adequately serviced and I don't see any reason to say how much the balance actually is.

[Quan]

Thanks again 7by7.