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No recourse to public funds


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#1 Tony

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Posted 29 March 2005 - 10:04 AM

What does the IND mean by no recourse to public funds?

Basically, until you achieve full residency (ILR) in the UK you are not entitled to claim public funds and if you do, your ILR application will be jeopardised.

The following is a list of public funds as defined in the Immigration and Asylum Act 1999 and the Immigration Rules:

Income based Jobseekers' Allowance (JSA);
attendance allowance;
severe disablement allowance;
invalid care allowance;
disability living allowance;
income support;
working families' tax credit;
disabled person's tax credit;
a social fund payment;
child benefit;
housing benefit;
council tax benefit; or
housing and homelessness assistance.


Use this thread to discuss public funds...



#2 Guest_zhx_*

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Posted 09 April 2005 - 11:21 PM

Hi tony,

Do you know when Working Tax Credit and Child Tax Credit are added to the list of public fund?

When I updated my HSMP at the begining of 2004, those two were not on the list.

Thanks
zhx

#3 Tony

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Posted 10 April 2005 - 09:19 AM

The changes took effect on 15 March 2005.

Statement of Changes HC 346 provides for amendment of paragraph 6 of the immigration rules to -

replace 'working families' tax credit' and 'disabled person's tax credit with 'child tax credit and working tax credit';
add a reference to 'state pension credit';
replace 'invalid care allowance' with 'carer's allowance'; and
insert a new paragraph 6B -
'A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.'

Statement of Changes in Immigration Rules HC 346 is available here.

#4 Guest_Siobhanwolfmoon_*

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Posted 22 February 2006 - 04:14 PM

The changes took effect on 15 March 2005.

Statement of Changes HC 346 provides for amendment of paragraph 6 of the immigration rules to -

replace 'working families' tax credit' and 'disabled person's tax credit with 'child tax credit and working tax credit';
add a reference to 'state pension credit';
replace 'invalid care allowance' with 'carer's allowance'; and
insert a new paragraph 6B -
'A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.'

Statement of Changes in Immigration Rules HC 346 is available here.


It shows on my payslips that I have been receiving tax credits, even though they know I'm an American citizen and have no recourse to those funds, they have continued to give them to me...do I risk being rejected for an ILR? If so, will simply trying to sort the problem of the unwanted tax credits need to be fixed before reapplying? And if I'm reapplying for a settlement visa after I've been kicked out of the country, will they take into account that I was receiving them on my previous settlement visa and jeopardize my receiving another settlement visa?? I'm so confused!
Siobhanwolfmoon :wacko:

#5 baz147

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Posted 29 July 2008 - 01:50 PM

So no recourse to public funds means foreigners cannot get any benefits, do foreign nationals that have this stamped on their passport still have to pay council tax?? if so not really fair if they dont get any help.

#6 Susi

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Posted 29 July 2008 - 02:39 PM

Yes they do. In the same way that they have to pay income tax and National Insurance contributions if they are working.

#7 superl99

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Posted 29 July 2008 - 03:49 PM

Baz, council tax goes to pay for services such as waste removal, street cleaning, parks, etc, so it's not like you're not getting anything for your money!

#8 Zagros

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Posted 05 August 2008 - 02:58 AM

hi there

when a British citizen gets married and brings her/his partner to UK, "no recourse to public fund" will be stamped on the 24 months visa. but when they have a child, the child is automatically British, so if they apply for chuild benefit and child/work tax credit, does that jeoparadise the non-British person to get ILR at the end of 24 months? if yes, how? the money is paid for a British citizen child not for the non_British resedent. The money may be paid into non_british partner is that a problem? if yes, why? they are spouses and have one family finance.

please tell me how it works?





What does the IND mean by no recourse to public funds?

Basically, until you achieve full residency (ILR) in the UK you are not entitled to claim public funds and if you do, your ILR application will be jeopardised.

The following is a list of public funds as defined in the Immigration and Asylum Act 1999 and the Immigration Rules:

Income based Jobseekers' Allowance (JSA);
attendance allowance;
severe disablement allowance;
invalid care allowance;
disability living allowance;
income support;
working families' tax credit;
disabled person's tax credit;
a social fund payment;
child benefit;
housing benefit;
council tax benefit; or
housing and homelessness assistance.


Use this thread to discuss public funds...



#9 blackwheels

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Posted 17 March 2009 - 11:00 AM

Hi Guys,

I am on a work permit that says No recource to public funds, and my bank is not ready to give me a loan? I am with Natwest
Is this common?

Blackwheels

#10 sarah222

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Posted 22 March 2009 - 10:19 PM

hi there

when a British citizen gets married and brings her/his partner to UK, "no recourse to public fund" will be stamped on the 24 months visa. but when they have a child, the child is automatically British, so if they apply for chuild benefit and child/work tax credit, does that jeoparadise the non-British person to get ILR at the end of 24 months? if yes, how? the money is paid for a British citizen child not for the non_British resedent. The money may be paid into non_british partner is that a problem? if yes, why? they are spouses and have one family finance.

please tell me how it works?





What does the IND mean by no recourse to public funds?

Basically, until you achieve full residency (ILR) in the UK you are not entitled to claim public funds and if you do, your ILR application will be jeopardised.

The following is a list of public funds as defined in the Immigration and Asylum Act 1999 and the Immigration Rules:

Income based Jobseekers' Allowance (JSA);
attendance allowance;
severe disablement allowance;
invalid care allowance;
disability living allowance;
income support;
working families' tax credit;
disabled person's tax credit;
a social fund payment;
child benefit;
housing benefit;
council tax benefit; or
housing and homelessness assistance.


Use this thread to discuss public funds...



I would like help with this too please..............is it ok for the spouse whose a uk national and child born in the uk to claim benefits....willl this affect the spouse whose been awarded the visa? Its confusing as anything.
Also what if the spouse whose been awarded the 2 year visa has no choice but to work in their country for a specific period of time, flying back to be with family for a few mnonths and then back again.....does this affect proceedings?

HELP!!!!!!!!!




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