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»Ê¹ÚÌåÓýapp Tax Credits (Immigration) Regulations 2003, Reg. 3(1)

»Ê¹ÚÌåÓýapp general rule is that people whose right to remain in the United Kingdom is subject to a limitation or restrictions are not entitled to CTC or WTC.

This general exclusion applies to people who are subject to immigration control. »Ê¹ÚÌåÓýapp term “person subject to immigration controlâ€� is defined in the Immigration and Asylum Act 1999 and means people:

• who require permission to enter or remain in the UK and do not have it;
• whose permission to enter or remain in the UK is subject to the condition that they do not have recourse to public funds;
• whose leave to enter or remain in the UK is given as a result of a maintenance undertaking. (»Ê¹ÚÌåÓýappy are sometimes known as “sponsored immigrantsâ€�.) A maintenance undertaking means a written undertaking given by another person (or persons), under the Home Office’s immigration rules, to be responsible for the maintenance and accommodation of the person in question; or
• who qualify under Section 78 of the Nationality, Immigration and Asylum Act 2002 in that they may not be removed from the UK while there is an outstanding appeal against a decision to vary or not to vary his permission to remain in the UK. »Ê¹ÚÌåÓýapp person will remain subject to immigration control in this period.

»Ê¹ÚÌåÓýappre are a number of exceptions from the general exclusion, and these are explained from TCTM02104. »Ê¹ÚÌåÓýappre are also special rules for couples, and these are explained at TCTM02113.