Can anyone advise the best course of action for the following: A UK National is married to an Asylum Seeker (No decision on asylum claim - hence subject to Immigration control.)

They have had a baby and the wife (UK National) wants to return to work full-time. The husband (Asylum Seeker) is a full-time college student and therefore is not able to look after the child whilst she works. The husband has no NI Number, is not permitted to work, and recieves no financial assistance from NASS. Child therefore needs a full-time nursery place at a cost of £125 per week.

Should the WTC and CTC claim be made as a couple or should the wife claim as a single person (would the husband be disregarded as he has no recourse to public funds?) The couple desperately need to try and maximise their income, any suggestions as to how this can be done correctly? Cheers

SI.No.653/2003 provides that where only one member of a couple is a person subject to immigration control and the other is not (or is within one of the excepted cases) entitlement to tax credits is determined in the same way as if neither of them were so subject.

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