ILR application at Solihull PEO..who stupidly claiming child benefits in MY name :(

[purple]

I'd like to share my experience.

I must say that it is important to get to this forum every now and then (which I didn't) as I have been busy taking wallpapers off, sanding the wall, filling it, sanding and painting (whew! I can be novice builder) to the houses that we let out and now that we live in.

Well, I got there 30 minutes late. I didn't realize that my appointment was for 9AM, I kept thinking it was 10 and needed to be there 930am. Though they sent me text and email saying it is at 9am. We stayed at Premier Inn.. it's a new Inn for 25quid. It is 5 minutes walk away from Solihull train station. And the PEO was 1 minute walk away.
Even though we got there late, they still accommodated us. (husband and very chatty 16 months old son)
THankfully they didn't turn us away. BUT told us that decision cannot be made on the same day, and will try to work on it within 7 days as they are understaff.. looks like this is s.o.p. now for PEO.

Observations:
The lady who was very nice that took my application was very polite.
I saw her checking the months/dates on bank statements and alternating the months. At least one month gap in between as we didn't have all the bank statements. Results from moving houses.
I've noticed that both spouses statements must coincide.

I know and Mark knows that I'm here on the grounds of no recourse to public funds..
Well, here's the story...
When I gave birth to Ace, the midwife told me to sign the forms for child benefits since I am not working. Even though I told her that I'm on no recourse to public funds. She said it was not for me it was for my son and since I'm not working it will be of help. WRONG MOVE.. and stupid mistake..plus I haven't been in the forum like I used to. Busy mummy and builder. We still got the money though.. in Ace's account. I put the money in his bank accounts plus any monies I get from selling my things I don't need on ebay. Just in case the uni fees will be 20,000 by the time he gets to that age of going to uni.

FORTUNATELY, the UKBA caseworker was very helpful. She said to contact the child benefits by writing or phone. Advised me to ask the child benefits to stop the payments immediately to me and to pay the monies back.. OR to let Mark claim for child benefits. And once its done, they (UKBA) asks for the confirmation letter of who gets the payments and their feedback.

They still took my application, biometrics and of course the ILR fee and that I need to send the letter of confirmation from child benefits in 7 days (goodluck to me).

I already made a phone call to hmrc child benefits and I was told that their head office will get back to me in 7 days.

.... looks like my ILR application is on the edge.

[raynaputi]

Oh my..I feel for you purple..But good thing the case worker was very helpful to you AND the important thing is they haven't rejected or denied your application right away! I hope things would turn out to be good!

[purple]

Yes rayna, they were very helpful I must say.
Said they will process the application once they receive the confirmation letter from child benefits.

oh well.. live and learn. Even Mark couldn't believe it.. though I kept telling him it should be in his name. But he thought that the child benefit shouldn't be paid to me in the first place if my status didn't qualify. Which also serves the point..

Makes me wonder.. how many couples who are (neither British) claiming child benefits when the system just lets them.

[joebloggs]

i think who you spoke to could be wrong, I'm sure you are able to claim child benefit because your a family member of a UK, European or Swiss national.

http://www.hmrc.gov.uk/childbenefit/ch5_notes.pdf

[grahamw48]

Glad that things went so well for you (considering what COULD have happened).

You have brought up a very important point as well, ie that EITHER partner can claim and be paid the Child Benefit. Indeed this has always been the case, but of course this is particularly important for sponsored partners, as you have discovered.

[stevewool]

interesting point indeed, when i got a divorce from the ex, the child support was in her name ie, Mrs woolley, but my son chose to live with me so the benift came to me, well what a problem that was changing names then to Mr woolley, some times its not worth the bother but thats what they want i think sometimes

[Rosie1958]

Thank you to Purple and JoeBloggs for sharing this information. I/we will be looking into making a claim for Child Benefit for my brother's partner once her application for ILR has been processed (hopefully it should be dealt with in the next few weeks).

[grahamw48]

interesting point indeed, when i got a divorce from the ex, the child support was in her name ie, Mrs woolley, but my son chose to live with me so the benift came to me, well what a problem that was changing names then to Mr woolley, some times its not worth the bother but thats what they want i think sometimes

Same thing when my boy came to live with me Steve, but it was straightforward enough. You do need the NI number of the ex. My ex would have had a problem explaining why she was still claiming for him when she wasn't even living in the UK any more.

[joebloggs]

Thank you to Purple and JoeBloggs for sharing this information. I/we will be looking into making a claim for Child Benefit for my brother's partner once her application for ILR has been processed (hopefully it should be dealt with in the next few weeks).

good luck with the ilr

[Arthur Little]

good luck with the ilr

Yes, indeed ... but I'm fairly confident it'll all work out fine for Rohany in the end, as any "mistakes" made weren't hers in the first place.

[Michael Parnham]

Best of luck Purple

[purple]

I'm sure it will be alright. Hopefully they will consider it shortly. Though we are doing what exactly they ask us to do re: contacting child benefits.
Thanks everyone for motivation.
It's good to know that they are polite and kind to accommodate us despite being late for appointment.

[queenie]

Oh my... got the child benefit and child tax credit under my name as well as i thought this is for my daughter. And I'll be applying my ILR on July this year.... What am I suppose to do? Call the child benefit or change it to my husband's account straight away as soon as possible? Good I read it here.. This forum is so helpful

[purple]

You are right joebloggs. Mark and I had a look for technicalities on hmrc and found these link. It says there in black and white the I'm excluded with the rules.

http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10140.htm


Anyway, we will write the caseworker at Solihull a letter explaining about this and then since it can take up to 21 days for the child benefits to update and confirm it in their system, we will include in our letter that to satisfy the caseworker's who is dealing with my ILR application, we have indeed changed the payee of child benefits to Mark's name.

With this, we are considering of claiming child benefits of my other children as well in Mark's name.

[purple]

Hi quenie.
Don't worry it will be allright.

If I were you click on this link
http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10140.htm

print this and take this with you when you apply so the caseworker will be informed as well. As I can understand that they are in a lot of pressure and surely couldn't put it all in their heads the exclusions.

We, as spouses of a UK, EEA or Swiss nationals are entitled to claim child benefits.

It says there on the technicalities. So I myself is not worried as I know that the child benefits wouldn't pay it into my account if they made a mistake since I've tick in the box that I'm under immigration control. But like I said, being a spouse of a UK, EEA or Swiss national are excluded of the said immigration control.

So chill

I'm pretty sure I will get my ILR by Friday.

[queenie]

thanks purple for the info

[joebloggs]

I'm pretty certain you can claim it in your name for the reasons you've posted, married to a British citizen and your child is an EU national

the reason why the caseworkers looks to have got it wrong is that they don't know or have forgot what the regulations are, they are dealing with people who are applying for flr, ilr from work permits and tier1 permits who wouldn't be entitled to claim.

its probably wise for your husband to claim everything in his name (i did) so this problem wouldn't arise, but that shouldn't happen if they know the rules and i believe you can and should be able to in your name.

have you got children from a previous relationship purple ? and are you claiming benefits for them ?

[purple]

Yes I have children from previous relationship but not claiming child benefits for them as I don't think it is rightful to start with. Its like draining the system's money. But oh well.. think we will in Mark's name now that I asked child benefits to stop the payments to me and Mark's have already posted the forms so it will be paid to him. Just to satisfy the caseworker who is processing my ILR.

I completely understand when I put in my application.. that the caseworker, one couldn't put everything by heart and mind all these complicated rules and loops. Its not only here in the UK... human error. Hopefully the Home Office will have a clearer rules and let the EEA or UK and Swiss national spouses inform about the exact rules.

[joebloggs]

your married to a British citizen, and your husband has the right to claim for his stepchildren

[grahamw48]

your married to a British citizen, and your husband has the right to claim for his stepchildren

As I did for my two.

[Terpe]

Purple,
I posted this on your other thread on the same subject.

There's no easy answer to this. Other than to take the best decision which is to have the UK citizen spouse have the claim in their name. Easy and safe

The burden of proof is with the claimant

Why do you believe UKBA suggest you get in touch with the Child Benefit office with a view to repaying???

Iv'e seen this a few times and fortunately I've not heard about any negative action in connection with the ILR visa.
There's a number of reasons why UKBA take this view, but you have to be careful.

It's not recommended to advise anyone that making claims under their own names is OK

Anyone who comes live in UK from another country may well be able to secure Child Benefit for example, but to be eligible or to qualify for it that person will need to
to satisfy some basic rules, including the UK 'residency' rules

It's important to understand not only what the rules mean, but also what the rules do not mean.

They do not mean that simply being the partner/spouse of UK citizen automatically entitles you to claim public funds in your name.

It's important to be fully aware of and compliant with all UK immigration rules when claiming benefits in your own name that are considered as 'Public Funds'

A person subject to immigration control can claim certain public funds when they have a right to reside in the UK if they live with a family member who is:-

- a British citizen, or
- a national of a country in the European Economic Area (EEA)

The key is that the benefit claimant has 'right to reside'

As always there are many twists, turns and traps within UK immigration rules.
There are also special agreements between the UK and/or European Union and other countries that allow their nationals to claim UK public funds.

There's also that 'special' sentence that states ".........falls within such category or description, or satisfies such conditions,as may be prescribed"
What this means is that your immigration status, your 'right to reside' and your eligibility to claim public funds will depend on your own specific personal circumstances

A person subject to immigration control is not considered as accessing public funds if it is their partner/spouse who is receiving the funds that they are
entitled to.
Child and working tax credits are claimed jointly by couples.
If only one member of a couple is subject to immigration control then for tax credits purposes neither are treated as being subject to immigration control.


Generally speaking the right to claim benefits in your own name depends on what terms you've been allowed to enter the UK. This is called your immigration status.
If you have limited rights and are subject to immigration control, you may damage your chances of being allowed to stay in the UK if you try to claim benefits, simply because
you only have permission to enter or remain in the UK provided you don't claim benefits or use other public services (No Recourse to Public Funds)

If you are in any doubt about your immigration status, you should always get advice before making that claim.

The simplest, easiest and safest strategy is to have the UK citizen partner/spouse claim all benefits (to which they are eligible) in their names only.