Vermonta

Hoping for advice here. I'm in the process of applyig for citizenship here in US. Been here since 2015. I recently discovered that we are still recieving child benefit in a UK bank account that we left open approximately 12K GBP. This was not something we did on purpose and was a complte oversight. However we hit some pretty difficult financial times during Covid and we used some of the funds approximately $4k. I'm very concerend that this could effect my citizenship and don't know what the best way to proceed is. I'm worried if I inform the UK tax benefit people they will alert the US and potentially get me deported. I don't need folks taking the moral high ground with me here, I know this is dishonest etc. I'm looking for a way out please help. For reference I do not have the funs to pay the money back and my greencard expires in 2025.

Pulaski

So you say you "don't have the funds", but are you in any position to enter into a repayment plan to repay the funds you spent over a year or more?

There is room, perhaps using a solicitor as an intermediary, to repay a lump sum and negotiate a repayment plan, but knowing that you did something that is likely seen as unlawful and didn't voluntarily and preemptively address that problem, is the factor that has the greatest potential to come back and bite you. Otherwise you will continue to have that shadow over you, wondering when anyone might notice and come after you.

SanDiegogirl

First thing is to contact the benefit office. They are unlikely to be in touch with US Immigration:

https://www.gov.uk/government/organi.../child-benefit

christmasoompa

If you're honest and contact HMRC to say you've just found out you've been mistakenly paid and work out a payment plan for paying it back, then it shouldn't be an issue. But if you keep the money now you know about it, then that would be fraud, and potentially a very different story.

Pollyana

By the sound of it, there is a fair amount in the account still if only $4k has been used. So paying that back now would sound like a good start.

celticgrid

Apart from the UK Child Benefit issue there will probably be FATCA and US tax return issues to resolve.

Vermonta

Thanks for info. Does anyone have any idea what infrmation they ask you for when notifying them ?

Pulaski

I don't think that would ever be a concern, or vice versa.

The concern would be that the Child Benefit Office (CBO) takes the matter into court as a criminal fraud, and it would become disclosable as part of the immigrations/ citizenship process in the US. I think this is also extremely unlikely so long as Vermonta is communicative and cooperative. The first step the CBO would take would be to communicate with Vermonta about the apparent overpayment, asking for further information and/or to make arrangements for repayment of the excess amount paid. So if Vermonta hasn't heard from the CBO then she is liklely several steps away from any chance of the matter ending up in court.

Vermonta

I think I have been very foolish and not squared things away beofre I left UK. I did not notify any of the powers that be that I was 'emmigrating' I more or less left in 2015 and have not returned. I continue to pay off my student loan and I still have a bank account in UK. I am planning on returning to UK this summer to visit family. I'm very apprehensive and concerned I may be detained by officials. Or am I being a overly paranoid here?

celticgrid

Yes.

SanDiegogirl

delete...

SanDiegogirl

????? Where you lived in the UK, your NIE number, your UK bank account number, your child benefit reference number, name of child, how long you had the payments, when you left the UK etc etc....

Jerseygirl

Child Benefit was paid into our UK bank account for several years, despite the fact that we had informed them of the move. In the end they managed to figure out we moved from the US and sent a letter demanding we return the payments. Fortunately we had left the money in our UK account untouched. Don’t be surprised if they track you down and demand the money.