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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1152
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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Currently living in UK in Tier 2 ICT Visa, without knowing I

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Hi. My name is ***** ***** living in UK in Tier 2 ICT Visa, without knowing I registered for Child benefit and started receiving the fund for last 6 months, however I have now been informed by my colleagues that I am not supposed to receive this as per my Visa. I will cancel Child Benefit immediately, but will this affect my current Visa application that I am processing (switching from ICT to Skilled worker), how can I handle this, Please advice.. Thanks Siva..
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I currently live in UK, I am Indian Citizen
JA: Have you talked to a lawyer about the tier 2 visa?
Customer: Nope
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing, i need an advice to handle this situation

Welcome to Just Answer, I will be assisting with your question today. Please note that my support on this site is for general information only and there is no intention to create a legal relationship. Thank you!

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Customer: replied 11 days ago.
Hi Tamari, Thanks
Customer: replied 11 days ago.
Hope you read my query?
Customer: replied 11 days ago.
Will you be able to help me ?

It is correct that you are not allowed to claim child benefits on your visa. When you apply to switch to a skilled worker visa, the Home Office may do the checks, and if they see you claimed the child benefit it may be a problem.

You must stop child benefits as soon as possible and pay back the amount paid to you ideally.

Did you already submit your skilled worker application?

Customer: replied 11 days ago.
Great, so if I stop and return the amount, there will be no problem in processing my new Skilled visa ?
Customer: replied 11 days ago.
I havent submitted yet

Allright, if you do the above steps, you could then write a cover letter explaining to the Home Office that you were not aware that you were not allowed to claim the child benefits, you now stopped it and returned the amount paid to you. Provide evidence of that and it should be fine.

Customer: replied 11 days ago.
Ok, i will do that.
In the Visa application there is a question which asks "Have you received Child benefit", Do i need to say Yes or No for this ?

On the other hand, if you will not mention anything to the Home Office about it, they may not even notice it, but you will be taking a risk by doing this.

I would advise you to stop the benefits and pay back whatever they paid you already in any case.

You must say yes because answering no to that question is a deception. Select yes and then explain what has happened.

Customer: replied 11 days ago.
Okay, but there is no option to explain this in the form, all it asks is the evidence of fund received ?
so I will write everything in the letter and attach it along with the evidence of cancel and amount paid back. Its been just 2 months I have started receiving it
So will my Visa be process successfully if I follow this ?
Customer: replied 11 days ago.
Please confirm

Obviously, I can not provide 100% guarantee but it should be fine if you follow the steps stated above. There is no other option I see here and this is the best route you can take.

Customer: replied 11 days ago.
Okay Thankyou

It has been my pleasure to assist you, good luck.

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