Question ..Working Tax Credits

pmlindyloo

Have a read of this:

http://www.justanswer.com/uk-immigration-law/6i9dh-fiancee-uk-december-2011-marriage-visa.html

I think tax credits are confused because you have told them that you are getting married and they think she is on a spousal visa which gives her the right to work and therefore to obtain an NI number.

I think you are going to need some help with this. CAB might be able to help or at least put you in contact with someone who can.

Icequeen99

The process is this:

When she is in the UK with you, you will need to make a joint claim. Even if she is subject to immigration control, that is ignored for tax credit purposes if you are not.

Re the national insurance number, the process there is that they will apply to DWP and she will have to go for an interview. The interview does two things - it sees whether they will give her a NINO but it all acts as an evidence of identity interview for HMRC. Even if DWP refuse a NINO, they should confirm to HMRC that she has proved her identity and the tax credit claim will be processed using a temporary NINO number for your partner.

The complexity then starts because whenever she leaves the UK you will have to end the joint claim and make a new single claim. If she leaves for more than 52 weeks, the joint claim needs to end immediately. If she leaves for less than 52 weeks, i.e. goes home for 6 months, then the joint claim stays in place for the first 8 weeks of the absence, then you will make a new single claim after that. When she comes back, you will need to make a new joint claim.

This is the case whether you are married or just living together as husband and wife (which is what you are doing when she is here). Tax credits rules require each claimant to be 'in the UK'. This means you have to be present and ordinarily resident.

You may also need to look into the ordinary residence rules a bit more. It sounds possible that actually, your partner may not be ordinarily resident here in the UK if she is only here for a short time each year in which case none of the above matters as you will need to make a single claim because she will not be counted as 'in the UK' if she is not ordinarily resident even if she is present.

I would take what the helpline tell you in a case like this with a pinch of salt. It is a highly specialist area - and one which you should get some further advice on.

IQ

MissMoneypenny

paul1263 wrote: »

She lives with me .. but only for the stated periods... before she goes back home for 6 months ..We wanted to get the wedding over and done with this time before she went back but for financial reasons that wont be happening this time ....

If she wants to get married on her visit to the UK, then she will need to apply for a Marriage Visa before she travels to the UK. She in not allowed to marry on visitor visa.

Or she can apply for a fiance visa and then get married in the UK once she has received that visa.

MissMoneypenny

Icequeen99 wrote: »

The process is this:

Even if she is subject to immigration control, that is ignored for tax credit purposes if you are not.

That rule changed a few years ago. As they don't have children, they can not now take the second adult element for her. It will affect her ILR if she takes public funds and Tax Credits are public funds.

If they have children, he could still get that second adult element for her even though she is subject to immigration control (no right to public funds). However it looks like that will be stopped too under UC and 'no recourse to public funds' on their visa will mean no public funds, for all.

Icequeen99

MissMoneypenny wrote: »

That rule changed a few years ago. As they don't have children, they can not now take the second adult element for her. It will affect her ILR if she takes public funds and Tax Credits are public funds.

If they have children, he could still get that second adult element for her even though she is subject to immigration control (no right to public funds). However it looks like that will be stopped too under UC and 'no recourse to public funds' on their visa will mean no public funds, for all.

That's not quite correct. The rule change applied only to the second adult element, not to the claiming of tax credits which is what I was talking about.

The reg changes removed entitlement to the second adult element where one person is subject to immigration control, but they still must claim tax credits as a couple and that will not affect her immigration status.

See this document which was updated 21 Feb 2014 and confirms the position: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284160/Public_funds_v12_0EXT.pdf - page 17

IQ

paul1263

Thank you all for your help ... i have just managed to sort it all out and they made a mistake so it will be backdated 3 months and in my account within 3 weeks..........

pmlindyloo

paul1263 wrote: »

Thank you all for your help ... i have just managed to sort it all out and they made a mistake so it will be backdated 3 months and in my account within 3 weeks..........

What mistake did they make? Might be helpful for others