child tax credit

[sala74]

hi all, i have a unusal question and just needing a little help. Since my wife came to the UK in May 2007, we had a little baby boy in late january this year.
My question is, am i allowed to claim all the benefits, like child tax credit and child benefits even with my wife on a two year spouse visa. I have applied for them, but when i got the forms back from the HM Revenue and Customs, it has my wifes name on the form, even though i applied in my name.. I phoned them and was told its only in my name, but im just dont want any problems when we apply for our ILR next year.. Hope i`ve made it kind of clear to understand....
cheers,stuart

[Scouse]

Why not get in touch with your local CAB, they should be able to help.

If you are a union member they may have a legal helpline who can help.

[joebloggs]

yes you can claim tax creds, your wife cannot thou, not til she has at least ILR.

when you say it had your wifes name on the forms/letters, just your wifes or both of your names ?

it doesn't matter if your wifes name and NIc is on any letters from the tax people as long as your name and nic are on it to, as you both need to fill in the form, but when you filled in the form, there was a question asking if you was making a claim and also if your wife was making a claim, i hope you only ticked the box that you wanted to make a claim

if you did, should be nothing to worry about..

[sala74]

I made sure i claimed in my name, just i was worried a little with it having my wifes name on it. When i phoned them, they did say it was in my name only and goes to my bank account. It just has to have mai`s name on the paperwork due to us being married and living as a couple.
Just i heard from someone i wasnt allowed to claim due to mai only having the two year spouse visa.. I think a mistake on what i heard..
thanks for replying
stuart

[IainBusby]

Don't worry about it, it's normal to have both names on the form. It's because your wife's earning etc are taken into account in the child tax credit assessment. It just the same with working tax credit.

Don't worry either about the Child Benefit, as this is a right for every child that lives in this country regardless of their parents nationality of visa status. I beleive that foriegners from within the EEC can even claim Child Benefit for their children who still live back home in Poland or Bulgaria etc.

Iain.

[joebloggs]

Just i heard from someone i wasnt allowed to claim due to mai only having the two year spouse visa.. I think a mistake on what i heard..
thanks for replying
stuart

well you should always check with the relevant authority and not just take peoples word for it on here or anyone else who tells you something.

but who ever told you, they are wrong, i've claimed tax creds and child benefit since my wife and daughter came to the uk, and she had no problems at all getting ILR.

so stop worrying. just remember only you can claim and put it in your account

tax creds is a public fund, but there is a clause thou, where for immigration purposes its not classed as a public fund, thats the reason why you can claim it.

[Ann07]

stop worrying, uve done the ryt thing.

[aug06_2006]

Hi Sala74, me arrived here in UK May 2007 and just having a baby last febuary..
u and my hubby r in the same situation..don't u worry my personal details was there also in my hubby form for HM...yes, u r allowed to claim a child benefit and child tax credit.