getting seperated please help

[ashley12]

Thanks for this great forum i'll try to provide as much as information possible to get the right answer.

Basically i'm iranian married to a danish citizen we are married for more than 4 years and been here in uk toghether for more than 3 years. we have a 4 years old son as well. things doesn't seem to go well for both of us so we decided to get seperate for a while and consider where to go with our relationship. my passport is in home office now more than 8 month i'm waiting to get my ILR.i've been issued a 2 years marriage visa before that.

we are both students and both get financial help from local autharity.

my wife wants to move out for now and claim for housing benefit and income support. as i'm full time student and unemployed i can't fully support her expenses unless she lives with me.

question: if she claims for public fund and home office findouts we are seperated will that effect my case when they review my case? i've heard both parties shouldn't claim for public fund during the marriage.

[vinny]

To be granted SET(M), spouses need to satisfy 288, in your case, this includes

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and

[ashley12]

Thanks for your quick reply.

so what will happen to my situation if i can't convince her to stay? will i go under another category? in worse case if we get divorce as a non-EU can i stay in the uk as i've been married to a EU citizen and we lived toghether for more than 3 years in uk?we are both student now