Public Funds and Separation

My friends Russian wife arrived here 2 months ago on a 2 year probationary visa. During that time they lived with his parents.

During this time she was argumentative and abusive towards him. 2 days ago she once again went off in one of her moods and both him and his sister tried talking sense to her but she had absolutely no interest in talking and became more and more abusive to everyone there culminating in her telling him in front of everyone she never loved him.

She then stormed off to the housing department and claimed homeless assistance. Her son was crying and screaming absolutely terrified and she showed him no love or compassion whatsoever. She then took everything that she could fit into a taxi and stormed off refusing to tell anyone where she is going.

What is his rights here? What are her rights.

Thanks in advance.

Andrew

too many cases involving women from the former soviet union states are emerging lately....

My husband is in the UK on a two year spouse visa - what you refer to as a probationary visa.

My husband and I are quite lucky in the fact that we have our own flat, I'm sure it is very difficult for your friend and his wife living with relatives at the beginning of their marriage. Marriage can also be a bit of a shock to the system in any situation but when one partner has moved to another country it must be really difficult to adjust initially. I think after only two months they really need to try to spend some time talking about what they're not happy with and taking steps to make changes so they can give their marriage a chance.

Your friend's wife may just need a few days on her own to think things through. A short separation should not impact an eventual ILR application at the end of the two year spouse visa, as long as the couple can prove they were in a relationship and not claiming public funds.

I have never come across any Home Office information relating to what each parties rights are if a separation occurs before the end of the two year period, though you might try searching their website http://www.ind.homeoffice.gov.uk.

She then stormed off to the housing department and claimed homeless assistance.

As far as I am aware every spouse visa is issued with 'no recourse to public funds'. This means the non-uk spouse is not entitled to apply for any public funds including housing, income support, etc. Your friend as a UK citizen is entitled to apply for public funds for himself but not additional requirements for his spouse/spouse's child. This is why documentation is needed to prove accommodation and financial situation before a spouse visa is granted. If you can't prove you can support yourselves your application will be rejected.

I would imagine the housing department need proof of eligibility to apply before granting any public funds to your friend's wife, I don't know what their provisions are for emergency situations when someone is temporarily homeless with a child.

Sorry I couldn't answer your questions, perhaps one of the moderators have experience in this area?

Marie B wrote:I have never come across any Home Office information relating to what each parties rights are if a separation occurs before the end of the two year period,

The HO take the view that the sponsored spouse needs to apply to remain in the UK in another category...whether this is practical and/or feasible is another matter. Its usually that the spouse is required to depart the UK - those getting a WP or other employment related visa leading to settlement are usually ok to come back.

elvis1 wrote:She then stormed off to the housing department and claimed homeless assistance.

HA on list of public funds. She may be eligible for short term emergency assistance (IIRC its some part of a 1948 National Assistance/ Local Authority type act). In the longer term this will only give the HO more reason to refuse any visa applications on the grounds of recourse to public funds.