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Discussion Starter · #1 ·
Hmm,

After going to see an immigration expert today it appears even a fiancee visa isn't so straightforward.
We were told that I would have to give up my working tax credits and child benefit 6 months before the application and not to claim for a further few months in order to get my boyfriend in on a fiancee visa. This seems a bit harsh as I am already claiming these and not asking for anything extra :(
I'm not even convinced the information given is correct, can anyone clarify this for me please?

Cheers
Jo
 

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Hmm,

After going to see an immigration expert today it appears even a fiancee visa isn't so straightforward.
We were told that I would have to give up my working tax credits and child benefit 6 months before the application and not to claim for a further few months in order to get my boyfriend in on a fiancee visa. This seems a bit harsh as I am already claiming these and not asking for anything extra :(
I'm not even convinced the information given is correct, can anyone clarify this for me please?
It's to do with the requirement that you must not have 'recourse to public funds.' And 'public funds' are defined as state benefits given to those on low income. Working tax credit, child tax credit and child benefit are all included, and it means basically you cannot claim them if the relevant immigration category excludes recourse to them.
See UK Border Agency | Public funds
And http://www.ind.homeoffice.gov.uk/sitecontent/documents/residency/publicfunds.pdf, which lists some exceptions to the basic rule.
 

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Discussion Starter · #3 ·
See now I read that as the working tax credits and child benefit are two of the exceptions :-/
 

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See now I read that as the working tax credits and child benefit are two of the exceptions :-/
Which exception does it apply to you, like being an EEA citizen, from a country with reciprocal agreement or temporary suspension of funds?
 

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I have just re-read your previous post. From what I can gather your child(ren) are from your previous relationship and they, like you, are British citizens. Then you can claim child benefit. And you are getting working tax credit and child tax credit as a single parent, not as a couple with your boyfriend. So if he has no part in the assessment, then I can't see why you cannot continue to claim them. Perhaps there are further issues I'm not aware of. Did the advisor say you cannot claim those benefits/tax credits as an individual? That seems very odd.
 

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Discussion Starter · #6 ·
Yes, they are from a previous relationship, both British citizens and as I am currently claiming these already as a single parent I can't understand why he said they would have to be given up by me before a fiancee visa application could be submitted.
There aren't any other issues that I could possibly think of, my bf is an American citizen and would be coming over with some funds of his own, not much, but enough to support himself for the 6 months.
 
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