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It was not noted that there was an expiry date, we have been in the UK previously (10 years ago), and it was not highlighted to us on this occasion. She is here with the 'accompanying spouse stamp' on the Entry Clearance. He have been told different things related to this date.
Thank you. What do I do now? Who is the person you refer me to and how do I continue on the series of questions? please advise. This is first time I have used this site, and I am nervous about it.
You may as well know these things if you are referring it on.
Entry Clearance Granted Sept 2011 (Rio Brazil) for one adult 4 children (non British). My UK status at the time was 'Resident in UK with 'Right-of -Abode'. In 2012 (May) I registered a s Bristih citizen and gained citizenship 6 weeks later (or so). So not I am British, I don't know that this makes and difference to the circumstances.
Hi Alex, I have been trying to complete the SET(M) form as best I can, but something on it has made me very concerned. The 'No resource to public funds' stamp in my wife's passport. Does this apply just her or us? I applied for Child benefit and Child tax credit and had to submit all our passports, the assumption being that they would only accept if everything was 'legal'. I note on the SET(M) form that if I have received this type of funds, I need to declare it. If I declare it, as I will, is that not paramount to breaking the rules in which case I would be rejected. It seems strange to have a place to declare it at the same time stating 'No recourse etc? Your comments?
It seems very confusing as our income is assessed as a couple by hmrc (she doesn't earn), but the Child tax credit is paid to me as I made the claim initially.
So the only way in which this 'No recourse to public funds' can be breeched is if my wife had made an individual claim, for CB or Child Tax Credit?
What do you mean by additional sums? I receive funds for the children solely, they are listed on the HMRC paper work we receive, my wife doesn't earn, but to complete the assessment I need to put her earnings (nill) on it. As I undertand it she can't get CTC as she doesn't earn. If you mean is she listed as a dependent, no she is not. You have to be under 16 to be a dependent on CTC.
Sorry Alex, I had two rating things' when I answered one the other disappeared. As we have not finished will I get the opportunity to submit another one?
If my wife could show she previously had ILR would it make any difference? She had this visa in her old passport. This was in 2002 and we then we away from the UK for more than two years.
No problem. I don't think it makes any real difference either way. Having left the UK for more than 2 years the previous ILR has expired. She since been given permission to return as a spouse. What happened more than 10 years ago, therefore, will not make any difference to the current application.
Thank you for your assistance Alex. I will probably be in contact over the next few days
I Alex, Thank you for you interest. We have booked a KOL test for my wife later this month. But I do have a further query on the tax credits. In my initial submissions to HMRC, I declared my earnings. I needed to state all income into the home. My wife doesn't work and never has since we arrived as we have 5 chlidren (primary age) she doesn't have time. However, when we recieve our 'yearly summary' for HMRC both our names appear with NI numbers, but clearly only my earnings, and the payments are made to me. I know she has not made a claim, and that as she doesn't work, but would that be clear for such a summary? Do you follow my thoughts?
Ok. Yes I've got that now. A cover letter will definitely be going with the application. Should the worse case happen and the Border agency refuses. What happens? Will I get the opportunity to appeal? My eldest daughter is only 12 and she is British (by birth) I am British by descent, but the other 5 members of my family are all in the same situation as my wife. I assume there is a cost for appeals? Are you able to shed some light on that for me? What would the process would be? If we are refused it would jeopardise my job and house, everything really, we have been married for 13.5 years.
Ok. Yes I've got that now. A cover letter will definitely be going with the application. Should the worse case happen and the Border agency refuses. What happens? Will I get the opportunity to appeal? My eldest daughter is only 12 and she is British (by birth) I am British by descent, but the other 5 members of my family are all in the same situation as my wife. I assume there is a cost for appeals? Are you able to shed some light on that for me? What would the process would be? If we are refused it would jeopardise my job and house, everything really, we have been married for 13.5 years