Spouse Visa Seperation

[prezident44]

Hi All

My wife is here from Brazil on a UK spouse visa. She arrived at the end of July 2014 with our son who is now 5. Our son was born in Brazil but now goes to school here in the UK and has a British passport. My wife and I have decided to separate, we spent too long apart and have changed as people and are no longer happy together.

My wife wants to stay in the UK and wants our son to live with here, which I am happy with. My query is that I know I need to inform that we are splitting up but can she get another kind of visa to live here with my son and can she receive things like child benefit, tax credits and help with rent as I don't want to lose my son (if she had to go back to Brazil to live then he would have to go with her as due to my own work commitments I could not look after him and he would not be happy without his mum) she won't be able to work enough to keep herself and him without some kind of government help.

Any help on this is much appreciated, thanks.

[physicskate]

Hi All

My wife is here from Brazil on a UK spouse visa. She arrived at the end of July 2014 with our son who is now 5. Our son was born in Brazil but now goes to school here in the UK and has a British passport. My wife and I have decided to separate, we spent too long apart and have changed as people and are no longer happy together.

My wife wants to stay in the UK and wants our son to live with here, which I am happy with. My query is that I know I need to inform that we are splitting up but can she get another kind of visa to live here with my son and can she receive things like child benefit, tax credits and help with rent as I don't want to lose my son (if she had to go back to Brazil to live then he would have to go with her as due to my own work commitments I could not look after him and he would not be happy without his mum) she won't be able to work enough to keep herself and him without some kind of government help.

Any help on this is much appreciated, thanks.

No, your wife will not be eligible for benefits of any kind!

If your relationship has broken down and you have separated she will need to submit an FLR (FP) application on the basis of being a parent of a British Citizen.

[Casa]

Be aware that under British law, your wife and child will have certain rights in regard to financial support (maintenance) provided by you and not from State funds. Also the sharing of joint assets in the event of a divorce. This link may help you both:
https://www.citizensadvice.org.uk/relat ... -marriage/

[Wanderer]

Hi All

My wife is here from Brazil on a UK spouse visa. She arrived at the end of July 2014 with our son who is now 5. Our son was born in Brazil but now goes to school here in the UK and has a British passport. My wife and I have decided to separate, we spent too long apart and have changed as people and are no longer happy together.

My wife wants to stay in the UK and wants our son to live with here, which I am happy with. My query is that I know I need to inform that we are splitting up but can she get another kind of visa to live here with my son and can she receive things like child benefit, tax credits and help with rent as I don't want to lose my son (if she had to go back to Brazil to live then he would have to go with her as due to my own work commitments I could not look after him and he would not be happy without his mum) she won't be able to work enough to keep herself and him without some kind of government help.

Any help on this is much appreciated, thanks.

FLR(FP) and it's down to you to support your wife and child as she is not entitled to benefits.

[vinny]

See also Couples counselling saved my marriage'.

[WR1]

As others have pointed out, you can't be looking for government help, its you that will need to financially support your child and her mother.

Even if your wife was British and entitled to benefits, (which on a spouse visa she wouldn't be), you would still be liable for the financial support by law.

I would suggest trying to get some conselling to try to work out your marraige if you can.

[prezident44]

Thank you all for the replies. I was aware that I would be paying child support, I had hoped that I wouldn't have to pay support for my wife as well as I won't be able to afford that.

I also thought perhaps that with my son being British citizen that she might at least receive child benefit for him.

Unfortunately we have passed the point of counselling being able to help us!