what should i apply for ILR OR FLR

[nuhayr1]

i am from malaysia and i married my husband in 2005 ,in malaysia in 08 sept 2006 we applied for spouse visa which we were successful for the visa we entered the country 2 weeks late form the date it was issued because we stooped over in transit in muscut oman while on our way form malaysia(enterd uk spet25 2006) we stayed here in the uk till december(08 dec2006 then we went to cairo till april 01, 2007 for studies of the arabic language from there because i was pregnent and expecting we went to my home country malaysia where we had our child and returned to the uk on sept 27th 2007. since then we have been here . my other problem is that neither me or my husband works , my husband became very sick at start of our marriage and has condiotn has become much worse where we he takes anti psycotic medication and he has to see the pychitrist regularly he is claiming benefits
income support
disability living allowance higher rate care, lower rate mobility
child tax credit
child benefit
housing benefit
council tax benefit

all these benefits are on his name , also we have got a housing assocition housing which is on hisname due to medical conditon which the doctor wrote him a letter he applied and was given the house in only 3 months that was on his name only with the child being classed as dependent he got the points

i have passed the life in the uk test

his psychitirst has worte me a letter for my ilr application saying that i have to care for him all the time and he needs me for most of his activities and me being in the uk is vital for his good health

in total we absences in the uk of upto just over 9 months like 9 months and couple of weeks


now people are telling us we have no chance of getting ilr and we must apply for flr

i have documents and a specific letter sent form egypt where we studying saying we attneded the centre for studies also my airline tickets for our travels and of course our certs for our baby


can some pls help me and advise me what to do , i have one in this country who has knowledge of the system i am very confused also life is hard for me due to my child being young and husband being very sick

as there are many people telling me we cant get the ilr due to a long absence form the uk but there are those who say this is a big misconception and that is only in regards to british citizenship
also there are those who say we have no chance as even though i am not taking any public funds my husband is and that we live of the money , but then there are those who says it does not make a diference due to even if i was not there and he was with the child only he would ge the same amount of money

i have been to a soliciter she advised based on the above that my chance to even get flr to remain was very weak i respect her but my heart is not content with speculation and want certain answers

and from what i have read on this board in this section a man was getting housing benefit and jsa he was not denied ,
please somebody help me as i am really confused of what to do and who to believe

[vinny]

See also Time allowed out of the UK on a Spouse Visa? and Indefinate Leave to Remain - Public Funds.

[nuhayr1]

i can see form the following posts that each case is in merit and that most of the time must be spent in the uk as for me i have been in uk for 12.5 months and 11.5 outside but me and my husband was always togther in egypt and malayssia

as for public funds
whether i was here with my husband or not as we haave one child
he would have always got disabilty living allowance , child tax credits , child benefit and housing and council tax benefit as the rate for lone parent with child and couple with child is no different

but i ask the questian on the income support at the moment he gets the single rate so even if he was just with the child it would have been the same

but i can see by me getting ilr it will change (income support) as then we will get the couple rate and we will be able to get carers allowance as advised by my law centre

will the above be a problem?
but i have a letter from his phychitrist saying that me being in the uk to support my husbands health is vital and necessery for his well being

will that be taken into account , can someone pls help me as i am in need for advise

and a great thank you to vinny for your assistance and to all those who took time to look at my post

i hope to hear form you soon

[nuhayr1]

thank you everyone can anyone pls help me to answer my doubts on the issues posted

[nuhayr1]

i kindly request if you could advise me further please or anybody else as my time is nearing and i am confued about all this

[nuhayr1]

can somebody if they are able please reply to what i have win regards to my posts

[nuhayr1]

still waiting for some help pls i have till the 9th of sept to apply , i request some help pleaes if anyone is able

thank you to all

[nuhayr1]

i ask again nicely can someone please give me some guidance in regards to my posts