help please

[nsikak]

hello, please I will be grateful if you can advice me in an issue am facing, thanks. I am an African, I got married to a European, we are bless with a 7years old boy, I have been in UK for 6years while my wife and son has been in UK for 5years. I currently have a resident permit that will expire by 2015, but my wife decided to stay on her own in UK since September last year. at the moment she is claiming as a single mum, and because of that I find it difficult to apply for my indefinite leave to remain in UK through her. I really don't know what to do. she does not mind a divorce, but what can i do, where do I start from? I really want to apply for my indefinite leave to remain in UK, but the way things are going now, is there any kind of permit I should apply? please your advice will be absolutely appreciated, thank you.

[Obie]

What is your wife's employment history in the UK.

Perhaps you should consider divorce in order to enable you to retain you residence.

[nsikak]

What is your wife's employment history in the UK.

Perhaps you should consider divorce in order to enable you to retain you residence.

hello Obie, thanks for your response. she has been on employment for nearly 5years now.

[Obie]

Is she working at present or exercising treaty in any capacity.

[nsikak]

Is she working at present or exercising treaty in any capacity.

yes she is presently working.

[Obie]

Is she prepared to support you with your application?

[nsikak]

Is she prepared to support you with your application?

She is currently receiving £270 for being a single mum, all my plea for her to stop collecting that money that I will rather give her the same amount, proves fruitless. I know for the fact she is collecting that money will not help if I apply through her. But I have a 7 year old boy who I have a great relationship with, but I dont know whether I can apply through him, if yes, when and how do I go about it. Or do I have to call the home office and tell them we are not together again? What sort of residence will they give me, and how long will it take me to get my indefinite leave pls.

[Obie]

I send you a message on those issues.

You may be able to claim right of residence on the basis of your son in about 2 ways, one of which does not lead to PR or ILR.

[nsikak]

I send you a message on those issues.

You may be able to claim right of residence on the basis of your son in about 2 ways, one of which does not lead to PR or ILR.

Hi, please if I may ask, what's does abbreviations PR and ILR stands for?

[Obie]

PR is Permanent Residence under EU law

ILR is indefinite leave under UK immigration rules

[nsikak]

PR is Permanent Residence under EU law

ILR is indefinite leave under UK immigration rules

Obie thanks for your response, I will rather go for the one that will lead to ILR as I dont want to go through the resident permit stress any longer. Thank you so much, your input is deeply appreciated. I just hope I will be able to know which of the two will lead to ILR.

[Obie]

Have you checked the message i sent you

[nsikak]

Have you checked the message i sent you

Hi Obie, please I haven't seen a message you send to me on the actual 2 ways I can get the right of residence on the basis of my son. Please if you don't mind, can you advice me specifically on the two ways please, thanks

[Obie]

Is you wife prepared to assist you with her documents?

Is she receiving in work or out of work benefits?

Do you contribute to the upkeep of your child?

[nsikak]

Is you wife prepared to assist you with her documents?

Is she receiving in work or out of work benefits?

Do you contribute to the upkeep of your child?

yes she is prepared to give me her documents, but she refused to add my p60 for the calculation of the working tax credit, which resulted in her receiving £270 per month. I think for this reason I can not apply for my ILR through her as she is claiming a single mum. as far as I know, she is not receiving any other benefits. yes I am contributing to my son up bringing, although she want me to be more involve in his up bringing.

[Obie]

Do you live in the same region of the UK.

Is your child attending school?

[nsikak]

Yes we are living in the same region, we are 10mins walk from each other. My son is attending a school here, which I do drop and pick him up from school sometimes.

[Obie]

Can you get all her p60s for the last 5 years and is she willing to go for divorce?

[nsikak]

Can you get all her p60s for the last 5 years and is she willing to go for divorce?

I have her p60s for 4 years with me, I can ask for one more year, which I believe she will give it to me. Divorce, I think she will, although she might want to make it a little bit difficult. Please if I should apply through my son, will have to wait until my current 5years residence card expire? Pls any info that will help will be appreciated.

[Obie]

Hi Obie, please I haven't seen a message you send to me

Check your Private message