Husband claiming benefit and living apart due to work

Hi all,

I really need help for my case. I have read some of the topics but my case is a bit weird.
I'm indonesian married to British husband. My spouse visa will be expired on Oct 2014 using the 2 years route. When i first came on september 2012, my husband made redundant and i didnt work (still looking for job). We lived in his mum's flat that time in bristol. After 6 weeks, i got an interview in london and finally got a job so i have to live in london and commute every weekend to see him. First month was really hard as i worked as a temp and need to settle all the docs related to self employed (business bank account, umbrella co etc) i have no money to go back to see him that time, for my living cost i borrowed from my mum back in Indonesia. I have to save as i can so im able to pay my expenses and go to work (bedsit, foods, transportation). I visited him once a month that time. And he had no choice except claiming benefit (JSA) for himself. For couple of months.
Then at the time i almost settled myself in london, i have to moved out again since the landlord wanted to sell the place i lived, so to pay all of the rent in advance and deposit, brought me to a financial crisis again. And he claimed benefit for himself again for couple of months. But i have some money to go back every single weekend to bristol and i have all the bus tickets also everything i paid using my card always stated in my bank statement. Beside that, i keep maintaining the cohabitation documents.

1. The fact we only lived together for 6 weeks, and i always go back to see him until today, will this bring problem for my ILR?
2. Yes i earn more when i worked as a temp, but it was not a guarantee that the company will hire me for a long term as that time only 6 months contract, but then after its due, they rolled it over. I lived in a uncertainty situation which i have to keep some money as a back up if i have no job after that 6months. (I am a permanent now)
3. I have all my letters to his flat in the beginning 6 months, then when i rented my own flat in London, i moved all my letters and have my bills in both of our names. I have electricity bills, content insurance with both of our name. And his bank statement, landline with his name. Are they useful for my application?
4. My husband is working now in bristol. He has not claim any benefit since last august 2013.
5. My company asked a solicitor to help me, but it seems like my case is getting more complicated. The solicitor advised me to bring my husband to london, and my husband need to apply for job in london. For me its quite difficult. 2 persons live in london, means i have to rent a bigger place, higher rent, higher expenses, with what i earn now, its impossible. It's much better for me to live here and save a bit, him to work and stay with his mum and save a bit for our future (getting a flat together)
6. I already able to apply end of this month, but as advised by the solicitor, i have to apply near the expired date of my visa and can not using premium service. I have to send my application by post and be ready for a NO answer from home office and appeal it might took 12 months include the appeal process

I dont know what to do, i can proof that my relationship is genuine, i have pics with him, texts, and chat from whatsapp. His mum and dad also able to write a confirmation about me always going back there every weekend.

Please help. I really appreciate for your advise and help. Thanks a lot

You could apply giving cohabitation evidence of the same address and explain that you secondary address is for work, supplying evidence of a subsisting relationship.

Hi Amber,

Thanks for your reply. At the first 6 months I used his address in bristol as my main home. Then once I rented my own flat in london, I moved all the letters to mine and put his name in the bill I have to pay (only electricity bill that time) then when I moved to anothet flat this year, he has couple of bills with his name and both of us also his bank statement comes to mine.

Wiin fact he did claim benefit, and it should be contribution benefit, will this also make my case more complicated?

No, benefits should not be an issues, insofar as you meet adequate maintenance and benefits are claimed legitimately.

Hi Amber,

I am due to apply my ILR next week. My company gave me a solicitor to deal with my case. They don't want me to send the cchats and all communication I had with my husband when we both were living apart. One good news is we are now living together in london and he is looking for a job to do.
My question is, will this be helpful and if home office wanted to ask for questions, will they usually call the applicants or call the solicitor?
Regards,
Yb