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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Hi, Im hoping someone can help me asap! I need to send off

Resolved Question:

Hi, I'm hoping someone can help me asap! I need to send off application in a couple of weeks.....

Situation - My husband is on a 2 year visa and is now applying for ILR. He is from Turkey. We have a little boy and both the baby and myself are British citizens.

Application - I have gathered all information needed and evidence that the SETM form requires, I am just confused about one aspect....

I understand, and have been told from numerous sources that we are entitled to Child tax credit and working tax credit, as when you are married to a british citizen you are then classed as a "normal" couple claiming for this particular benefit. Having looked on the internet at various forums I am not sure what boxes to tick on the form under "what public funds are you claiming" Obviously we are claiming, but some say it is not a public funds due to our situation and I guess me being british. Not quite sure what to do and have found it hard to find anyone to help. Much appreciated. Thank you.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 4 years ago.

On page 9 of the form is where you enter the details of the public funds you are claiming. At the bottom of the page is a list of the different public funds. There is no problem with you as a British citizen claiming WTC and CTC as you are entitled to do so and so there will be no problem with your husband's application if you tick these boxes.

 

Under q7.6, it asks whether you or your partner are claiming public funds. You need to tick 'Yes' and then there is a list below of all different public funds. CTC is half way down the first column and WTC is at the bottom of the second column. I assume that both will be paid to you (as in your name is XXXXX XXXXX top of the statements you receive) and so tick the box under 'your partner' that corresponds with the WTC/CTC. Make sure you tick the correct column - the one entitled 'You' relates to your husband as it is his application and the column entitled 'Your partner' relates to you as his British spouse.

 

 

Customer: replied 4 years ago.
Thank you so much for your answer, confirms to me we're allowed it, however I am fine ticking the boxes for myself as the claimant, but as CTC and WTC have to be claimed jointly should I be ticking my partners box as well?

Bit more info - The money is paid into my account, but 2 letters are received one addressed to myself and one to my husband as it joint - based on our joint income.

Sorry if I seem to be making it more complicated than it might be - but don't want to effect the application in any way.

Hope to hear from you soon. Many thanks
Expert:  CharlotteSJ replied 4 years ago.

This is an extract from the Home Office Public Funds Leaflet:

 

b) My partner is allowed to claim tax credits - can I claim them too?
Claims for child and working tax credits are assessed jointly. If you are living with a spouse or partner who is allowed to claim tax credits, your name may be included in the claim.

 

This provides that you are not doing anything wrong by claiming CTC and WTC and so as long as you include it on the application form, it will be fine. It will cause you no problems to include that both you and your partner are receiving the funds and so it would be fine to tick both boxes.

 

It won't make much difference to the application and so I wouldn't worry about it!

 

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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CharlotteSJ
CharlotteSJ
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I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.