Complicated ILR or do we have other options?

joot123 · Post by **joot123** » Fri Jul 22, 2011 10:51 am

My husband is here on a 2 year spouse visa which is due to expire in a few weeks time. During the time he has been here we have separated on 3 or 4 occasions where he would move out of the family home to give me space and for us to work through our marriage problems, which were all down to me and not him as i had alot of family problems going on around me which caused me stress and of course you always take it out on your nearest and dearest, which unfortunately for my husband this was him. I am now starting to panic and getting more stressed and upset because right now even though my husband isn't in the family home right now we are back together and working through the marriage problems. All through this time i have claimed the relevant benefits as a single parent, as i had to give up work which my husband fully supported and obviously joint claims (where applicable) when my husband was in the family home. My husband has been a constant support throughout my problems and i just want things to be ok for us, as we have come through so much and to fall at the final fence would be devastating, not just me and my children but my husband as i couldn't cope with losing him and him having to go back to his country. Please could somebody help regarding if we will have a chance with ilr as we are back together and working through our marriage problems. Any other advice would be very much appreciated as i feel time is running out for us. Thank you in advance

jami · Post by **jami** » Sat Jul 23, 2011 11:04 am

apply for extension on form FLR(M) instead of going for ILR wherein section 4.1 pertain to such like situations
After securing extension take care of evidence of living together and subsistence of marriage

Post by **vinny** » Sat Jul 23, 2011 11:14 am

What type of benefits did you claim as a single parent?
Has he satisfied the KOL requirements?
When did he arrive?
What's the visa's expiry date?
Do you have sufficient documents of cohabitation?

joot123 · Post by **joot123** » Sat Jul 23, 2011 1:24 pm

Thank you for the replies. My husband has passed his kol and has his certificate. I claimed working tax and child tax and housing as a single person and the times when my husband and i were living together we claimed working tax and child tax as joint claims. At present i am on jsa as i had to give up my job due to childcare issues. We have paperwork over the 2 years as my husband never changed his address when out of the house because he only ever stayed temporarily with friends or in rooms and we are always in contact and seeing each other so it was easier for the post to get delivered in the usual way. The visa is stamped 5th may and he arrived 10th may 2009 and visa expires 27 months later in august. I had thought about flr but if we could get ilr for us that would be a better option. Like i said we are back together still very much married but at present my husband is still not at the family home. The problems were all down to me and that is why now i start to panic that he will have to go back to his country when we have been through so much together. It is causing me a great deal of stress right now. Thank you

Post by **vinny** » Sat Jul 23, 2011 2:07 pm

He could try submitting a valid postal Â ILR application, before his leave expires.Â

However, you and he should show that your marriage is subsisting (287(a)(ii)). There is still intention to live permanently together (287(a)(iii)), despite any temporary problems.

If the jobseeker's allowance is contribution-based, then he should be okay.

Perhaps he should get professional advice?

joot123 · Post by **joot123** » Sat Jul 23, 2011 2:41 pm

Thank you Vinny for your help. Myself and my husband do intend to live together again and that's what we are unsure about whether he could apply for ilr if we were at present not living together? As it's only me in receipt of jsa (income based single claim) i don't see this as being a problem because when my husband does move back in, which will be shortly, i will not be in receipt of it as my husband works and we go back to claiming working tax/child tax credits jointly. So what do you think the chances are of putting a claim in for ilr even though we are not living together? as that is the biggest problem for us at present. Thank you

Post by **vinny** » Sat Jul 23, 2011 2:57 pm

Why hasn't he moved back with you?

Do click on the links above for more details.

joot123 · Post by **joot123** » Sat Jul 23, 2011 5:32 pm

Hi thanks for the reply vinny. He hasn't moved back into the family home yet because i have alot of family problems going on right now causing me to become ill so it easy for us to be apart right now but together if that makes sense. All this stress of the visa isn't helping at all. I think we will just apply for ilr explaining everything in a letter and hope for the best because really we do not have time on our side.

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Complicated ILR or do we have other options?

Complicated ILR or do we have other options?