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Applying 4 indefinite leave in uk,worried about sponser that's been claiming benefits,when i'm not allowed any?
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Applying 4 indefinite leave in uk,worried about sponser that's been claiming benefits,when i'm not allowed any?

Hi, I'm married to UK citizen. My conditions to stay is on probation for 2 years with no resources to public funds. It states that I'm not allowed to claim and receive any benefits, in addition my spouse/sponsor/husband is not allowed to claim benefits on my behalf. I don't claim, but my husband is claiming the Tax credits and Child benefit. Both of those I'm not allowed. Does that mean i'm in breach of my conditions to stay, or is it my husband claiming not got anything to do with me because I'm not the one claiming. I'm just worried that it will look like he's claiming on my behalf. Pls help!!!!


    




FrancoisDerain
Rating
This is slightly complicated because the most definitive answer you will get will be from the Immigration Service. They will make the interpretation of what is going on based on the evidence they are presented with.

Your husband is probably claiming tax credits due to his level of income and that should have nothing to do with you unless your own income takes your family's combined income above the tax credits entitlement threshold.

I believe that claiming child benefit should not be an issue because you can claim as long as the person claiming is responsible for the up keep of the child. (http://www.hmrc.gov.uk/childbenefit/introduction.htm)

Unfortunately, they tend to look at things in black and white because the system has been hugely abused in the past. The best advice could be from an immigration lawyer or you can go the following organisations that provide free professional advice on immigration matters.

Immigration Advisory Service (IAS) - http://www.iasuk.org/
Immigration Matters - http://www.immigrationmatters.co.uk/
CAB - http://www.adviceguide.org.uk/


Javed I
Hi
From your question, it is felt that you are on a student visa, who have no resources to the public funds. Well to be illegible for ILR you got to have a bachelor degree from UK, then you will accomodated in Tier5 program. Check with nearest Home Office near your place of residence. Offices are located throughout UK, Crydon, Birmingham, Shiefield, Glasgow and couple of more cities if I am not mistaken.
Hope the info will be beneficial to you
Good Luck with your future





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