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[TCA]

Been trawling the internet but can't find any definitive answers on this subject. 

 

Given the "no recourse to public funds" rule, can anyone please clarify the rules for a UK citizen claiming working tax credits and/or child tax credits when his/her spouse and step-child (both non EU citizens and no other children) are still subject to immigration control, in this case FLR under the 5 year rule.

 

My understanding is that child tax credits aren't possible but working tax credits are (assuming all other conditions met) because the claim is joint and one of the couple is a UK citizen. Am I correct in my thinking?

Edited April 12, 2017 by TCA

[7by7]

From the UKVI guidance Public Funds (page 18)

Quote

Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for most tax credits purposes, neither are treated as being subject to immigration control. See related link: Child tax credit and working tax credit: exceptions, Exception 5 for further detail. 

Exception 5 says (page 20)

Quote

Exception 5
 Provided one member of a couple is not subject to immigration control, or is covered by one of the exceptions to the general exclusion, the couple are treated as though:

• neither of them were subject to immigration control (as if the other partner were not subject to immigration control)
• both of them were covered by the exception that applies to the other partner.

This exception applies to both tax credits, CTC and WTC

 

If one member of a couple is subject to immigration control, and the couple are entitled to WTC but not to CTC, there is no entitlement to the second adult element of WTC, unless the claimant subject to immigration control falls into exception 3 above

 

[TCA]

Thanks 7by7. I've gleaned pretty much the same info but from different sources. So WTC is claimable but the second adult element of the payment isn't payable unless CTC is also being claimed. What I haven't found so far is a definitive statement telling me whether the immigration status of the (non-EU) child is a factor in a CTC claim. I was thinking it would have to be given the "no recourse to public funds" stamp on the BRP, but if it's the UK parent who's claiming I might be wrong. I'll go through your linked document to see if I can shed any more light. Cheers.    

Edited April 13, 2017 by TCA

[7by7]

Eligibility for CTC is dependent upon being responsible for the child, not being the biological parent; although this is often the same, of course. So as you are responsible for your step daughter then I believe you can claim CTC for her.

 

Even though she is currently subject to immigration control and the general prohibition on public funds. As the public funds guidance says, exception 5 applies to CTCs as well as WTCs.

 

If in doubts, you can try asking the tax credits helpline.

 

You may even be able to claim child benefit for her. Exception 3 under child benefit in the guidance (page 21) begins

Quote

Exception 3
 Persons who are the family member of a person who is a UK, EEA, or Swiss national.

The question being whether a step child is counted as a family member. Well, eligibility for child benefit depends on being responsible for the child, not on parentage.

 

Again, you can contact child benefit enquiries for advice.

 

Of course, all of this is dependent upon you being eligible for these benefits were you a totally British family.

[TCA]

Brilliant, thanks 7by7. I'd already gone through the online questionnaire on the .gov.uk site (and a couple of others) and seems we qualify at least for WTC given all of the above. It's one application form for both WTC and CTC anyway, so I've requested the form, which can apparently take 2 weeks to arrive then a further 5 weeks to process. We shall see. Thanks again for taking the time to assist.