Husband due for ILR, wife on benefits + one more twist

[sandraleon]

Hi All
please help if you can... the classic story: i sponsored my husband who is from Africa to come and live in the UK with myself and our 5-year-old son almost 2 years ago. Things did not work out and he moved out 6 months ago. Things were really bad on every level. My relatively well-paid job ended in June and i applied for benefits for myself and my son a month later, whilst my husband went to live rent-free with a friend. He has not really worked apart from very low-paid odd jobs. Now his ILR is due (in March) and I was wondering if anyone knows if he stands any chance at all of getting it. We have become a bit more civilised with each other again and for my son's sake I would like him to be able to stay. His address is still mine. It's the benefits angle that i worry about. I am looking for work, but the whole break-up was such a blow after having spent so much energy to save enough money to get him to come over here, that I am only now coming out of the ensuing depression i fell into.
But even if i was to find work, we need to provide at least 3 months worth of bank statements, all of which show public funds payments.
How much do HO and benefits people communicate with each other?
DOes anyone know of any loopholes in the system?
I don't really want to lie to the authorities ...

What a mess. Can anyone help?

I would be so grateful

Sandra

[republique]

Hi All
please help if you can... the classic story: i sponsored my husband who is from Africa to come and live in the UK with myself and our 5-year-old son almost 2 years ago. Things did not work out and he moved out 6 months ago. Things were really bad on every level. My relatively well-paid job ended in June and i applied for benefits for myself and my son a month later, whilst my husband went to live rent-free with a friend. He has not really worked apart from very low-paid odd jobs. Now his ILR is due (in March) and I was wondering if anyone knows if he stands any chance at all of getting it. We have become a bit more civilised with each other again and for my son's sake I would like him to be able to stay. His address is still mine. It's the benefits angle that i worry about. I am looking for work, but the whole break-up was such a blow after having spent so much energy to save enough money to get him to come over here, that I am only now coming out of the ensuing depression i fell into.
But even if i was to find work, we need to provide at least 3 months worth of bank statements, all of which show public funds payments.
How much do HO and benefits people communicate with each other?
DOes anyone know of any loopholes in the system?
I don't really want to lie to the authorities ...

What a mess. Can anyone help?

I would be so grateful

Sandra

It doesnt matter that you are getting benefits
However, you are technically not meeting the conditions of your spouse visa with your spouse living elsewhere.
While I commend you that you are trying to let your spouse stayhere for the child, I wonder if he is not using you which I am sure has already occured to you. As it sounds like you have come to peace with it all I can say is More Power to You.

[sandraleon]

Thanks for your concern and encouragement, Republique.

I always understood that for him to qualify for ILR we have to prove that we can fund ourselves without recourse to public funds. For the application I have to provide bank statements which are evidence of this. I read in other posts how much people are worried about even receiving child benefit when they are applying for ILR. I know that that technically he should be living with us, but I am hoping that this impression can be maintained, even if it is not an ideal situation.

Any other thoughts? Anyone?

Thanks

[joe777]

when you both sign the ILR, your obtaining it by deception, so it can be revoked.