Will my wife and myself be entitled to tax credits?

[cheekee]

Our daughter is due to be born in March.

As my wife is here on a spouse visa, are we still entitled to tax credits?

Thanks for any help.

[Terpe]

Hi Cheekee,

I believe it remains the case that those persons subject to immigration control are not considered to be contravening public funds regulations if it the eligible paertner who is receiving the funds they are entitled to.
Child and working tax credits must legally be claimed jointly as a couple.
If only one member of the couple is subject to immigration control, then for most tax credits purposes, neither are treated as being subject to immigration control.

Regarding Child Benefit, this issue is still cloudy IMHO and I would still strongly suggest that YOU be the named claimant (rather than your wife) unless you can secure confimation from a reliable legal source.

All should be fine in claiming both tax credits and child benefit.

[Terpe]

Hi Cheekee,

I believe it remains the case that those persons subject to immigration control are not considered to be contravening public funds regulations if it the eligible paertner who is receiving the funds they are entitled to.
Child and working tax credits must legally be claimed jointly as a couple.
If only one member of the couple is subject to immigration control, then for most tax credits purposes, neither are treated as being subject to immigration control.

Regarding Child Benefit, this issue is still cloudy IMHO and I would still strongly suggest that YOU be the named claimant (rather than your wife) unless you can secure confimation from a reliable legal source.

All should be fine in claiming both tax credits and child benefit.

Here's a helpful link:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518624/Public_funds_v13.0.pdf

Look to page 18 for Child tax credits info

[grahamw48]

We received the full NHS for my first son (UK born), plus Child Benefit.

Later, we also received the same for both of my sponsored dependent Filipino stepchildren... plus working tax credits at one point.

Bear in mind that EITHER parent may be 'nominated' to receive Child Beñefit . Tax Credits, I'm not sure of the current situation, but it will all be on gov.UK website.

[cheekee]

I looked into.it and if I claim, we get nothing because I earn too much but if my wife claims, we do get something.

Need to find a legal standpoint to clarify. Don't want to jeopardise the FLR.

[grahamw48]

Try the Citizens Advice Bureau. :xxgrinning--00xx3:

[Terpe]

I looked into.it and if I claim, we get nothing because I earn too much but if my wife claims, we do get something.

Need to find a legal standpoint to clarify. Don't want to jeopardise the FLR.

Child Tax Credits is made per household per child.
It's a joint claim as a couple to maintain exception under Public Funds.

Yes, the current household income limit is around £25k I believe.

Check out the online Tax Credits Calculator here
https://www.tax.service.gov.uk/tax-credits-calculator/#/partner

Your wife cannot claim in her own name alone without including your details/income.

[songz777]

Our son gets Child benefit in my name and in my bank account. I have applied for child tax credits as my salary not to high, I rang the help number and they said to make sure I send a cover note to explain that my wife has no claim to public funds.
We shall see what happens.

Take care
John

[jonnyivy]

Cheekee, I might be wrong with your situation, but when we fill out our working tax credit forms yearly it has no differance who puts the claim in as it is a joint income. For us, if I fill it in my name they ask how much my wife earns and same if my wife fills it in her name they ask how much I earn.
I've often thought that whatever your joint earnings are to a certain extent it doesnt matter what your hourly rate is as the government top it up with more or less working tax credits to a manageable income for a family of
.(2,3,4... ),.. so that most families have an average amount to live off ..
Only my thoughts though.... although I have seen evidence of this from friends...
jonny