Whether tax credits would be considered as recourse to public funds in entry clearance applications

Whether tax credits would be considered as recourse to public funds in entry clearance applications

GS (public funds - tax credits) India [2010] UKUT 419 (IAC)

This case considered whether tax credits would be considered as recourse to public funds. It was held that paragraph 6C of the Immigration Rules specifies that an applicant for entry clearance whose arrival would cause an increase in tax credit which the sponsor was already receiving would amount to recourse to public funds. However, where the applicant is joining a spouse who is working and raising children, that spouse's working tax credit would be reduced as he or she would no longer be receiving the lone parent supplement.

In this case, the appellants application for entry clearance as a spouse under paragraph 281 of the immigration rules, was refused on the basis that there would be additional recourse to public funds. The appellants spouse had two children from a previous marriage which she was raising and a low income job. She was in receipt of working tax credit and child tax credit. The Tribunal had regard to the Tax Credit (Immigration) Regulations 2003 in particular, Reg 3 (1) which states that persons subject to immigration control is not entitled to child tax credit or working tax credit. However, there were also a number of exceptions to this.

Ultimately, the Tribunal determined that the appellants spouse was earning an income (inclusive of tax credits) which was well above the threshold or benchmark of adequacy for the purposes of the immigration rules. The Judge held that it would not be possible to calculate whether or not the spouse's tax credits would increase until the appellant arrived in the UK and became a part of the household. The child tax credit being paid to the spouse for her children was unlikely to increase upon the appellant's arrival.

It appeared unlikely that tax credits would increase and in fact, more likely that they would decrease for the appellant's spouse as she would lose the lone parent supplement being paid. Therefore, the appeal was allowed.

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