FLR, Public funds

[don1]

Hi, My fiancee came here on a 6 month visa for us to marry. After we are married we will apply for FLR. Will the fact that I am now claiming working tax credit affect her FLR application? I think this counts as 'recourse to public funds'. Would I be better off stopping my clain for a few months?
Many thanks

[ginapeterb]

You would be well advised to check the list of benefits and allowances that constitute recourse to public funds to ensure that your application for your wife's FLR is not affected by your claim.

Personally I would not mention any claim you make for Working Tax credit, however, you are working, its likely it will not affect your wife\s application, but I would err on the side of caution.

[LadyJ]

Don1, Are you a UK national? If you are,

You CAN claim. You are a UK national and are entitled to all the benefits of other UK nationals.

Now your partner start living with you, you must tell this to the HMRC as soon as possible and tell them that your partner has a 'no recourse to the public funds' status.

Claiming Tax Credits, in your circumstances, this is fine! In respect of a couple living together Tax Credits claims need to be made jointly. At first glance the "No Recourse to Public Funds" restriction on your partner's visa is a problem. However some "small print" in the Tax Credits legislation comes to your rescue. That is, where a couple consist of one person who is not subject to immigration control (you) and one person subject to immigration control (your partner), for Tax Credits purposes only both are treated as not subject to immigration control. Hence it is totally OK for the claim to be made.

Speak to HMRC agent about this and they will advice you what to do:xxgrinning--00xx3:

[KeithD]

Shouldn't be a problem, as long as you're not claiming anything for the other half. Of course the government could change the rules while I'm typing this which is not unknown :rolleyes:

[joebloggs]

you can claim if your british but your wife cannot .

did you make a claim for your wife when you filled in the form for tax creds ?

you should have filled in your wifes details on the tax creds form, but made sure you didn't tick the box for your wife to make a claim, only tick the box that your making a claim.

you will have to tick the box on the FLR form that your claiming Tax creds, and your wife is (hopefully is) not. they could check, so never tell a lie or wave your visa goodbye :cwm24: